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Class Action Lawsuits: Claims
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Class Action Lawsuits are suits filed by groups of people who share a common grievance against another person, company, or other type of organization. Class action suits can be filed federally but are governed by laws requiring the type of grievance to be against the law in all states. The class action suit must ... claim the same grievance for everyone.
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Class action lawsuits are designed to advance several important public policy goals. A class action is often the sole means of enabling persons, even those with serious injuries, to remedy injustices committed by powerful, multi-million dollar corporations and institutions. As stated by former United States Supreme Court Justice William O. Douglas, "The class action is one of the few legal remedies the small claimant has against those who command the status quo."
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Italy has class action legislation now. Consumer associations can file claims on behalf of groups of consumers to obtain judicial orders against corporations that cause injury or damage to consumers. These types of claims are increasing and Italian courts have recently allowed them against banks that continue to apply compound interest on retail clients’ current account overdrafts. The introduction of class actions is on the new government’s agenda. On the 19th of November 2007 the Senato della Repubblica passed a class action law in Finanziara 2008, a financial document for the economy management of the government. Now (from 10th December 2007), in order of Italian legislation system, the law is before the House and has to be passed ... by the Camera dei Deputati, the second house of Italian Parliament, to become an effective law.
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Class action lawsuits are legal proceedings that allow one person, or a small number of individuals, to bring a claim on behalf of hundreds or thousands of other persons in a similar situation with similar complaints against the same entity. These proceedings serve as a significant tool against powerful corporations and industries.
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The first class action was filed in Texas by the law firm Waters & Kraus in 2000. They created a webpage called Ritalinfraud.com which had an online form to seek additional participants in class action lawsuits. According to Breggin, Plaintiff Andy Waters had previously read his book Talking back to Ritalin before filing his lawsuit. The firm believed that the improper conduct of Novartis rivaled the improper conduct of the Tobacco and Asbestos industry and that the drug company could be liable for billions of dollars. The firm claimed that Novartis specifically took the following steps to dramatically increase the sale of Ritalin.
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There are five class action lawsuits facing Clear Channel, claiming that the company pays artists such high fees that other companies cannot compete. One example was Clear Channel's handling of a Backstreet Boys Tour, according to one suit. Clear Channel bought the tour for $100 million, keeping other promotion companies from competing. That enabled Clear Channel to charge high prices for the concert as opposed to what local promoters would have charged.
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