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Class Action Lawsuits: Plaintiffs
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[One] feature of class action practice that can spur unprofessional conduct leading to unfair settlements is the use of the temporary settlement class procedure. In 1994, the Delaware Supreme Court expressed its concerns that this procedure might foster collusion between attorneys for the plaintiff class and the defendants:
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Most often, a class action lawsuit features a few individuals bringing claims against one or more defendants. The claims are brought not only for the individual plaintiffs but ... for all individuals whose situations are sufficiently similar, so that a one-time resolution of the controversy is the most expeditious way to resolve the conflict.
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The class action rule is in effect to improve the court's effectiveness by permitting large groups of people with similar claims to join together into one lawsuit. One or more of the affected plaintiffs represent the harmed group in court, and if those representatives meet specific criteria, they are granted permission to prove and settle not only their own claims, but ... the claims of each individual of the larger affected group as well.
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The Siskinds class action group was successful in reaching a resolution regarding the litigation involving the TMJ implants. This litigation went on for several years and was novel both in terms of the liability issues against a distributor of a product, the procedure used to settle with one defendant in a circumstance where some plaintiffs have continuing complaints against other related parties, and the national scope of the resolution.
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