7. What are the signs of an unfair settlement or improper representation?

In recent years, there has been a great deal of criticism of class action litigation in the news. Much of the criticism is unjustified. A majority of the criticism focuses on the fees lawyers receive for representing persons in a class action lawsuit. The most vocal opponents of class action litigation are insurance companies who are required to pay covered claims as a result of the litigation, or the wrongdoers involved in the underlying misconduct.

The truth of the matter is that the lawyers who represent a class will often recover in fees an award many times greater than the award received by any given class member; however, the total collective allocations to the class in a proper settlement are invariably many times the fee awarded to lawyers. Without a means to sue wrongdoers for cheating many people out of small sums, we would all be at the mercy of fraud and deceit.

Additionally, non-tangible benefits to the group can be substantial, for example, putting a halt to damaging practices.

8. What happens once a complaint is filed?

The defendants will usually file an answer denying the allegations made in the complaint. Alternatively, they may elect to challenge the complaint by filing certain motions challenging the lawsuit. If motions are filed, an answer will be required after the judge rules on the motions unless the case is dismissed.

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