Can You File a Class Action Product Liability Lawsuit in Arizona?

Sometimes many potential plaintiffs can be affected by the same act of a company or other organization. When this happens, federal and Arizona laws allow for class action lawsuits as a way for multiple plaintiffs to participate in a single lawsuit.

Class action lawsuits serve several useful purposes:

• They allow plaintiffs to pool their resources, making it easier to hold large defendants like corporations or government entities accountable for wrongful acts and allowing plaintiffs with only modest means to still have access to justice and compensation for the harm done to them.
• They help keep courts from becoming clogged with multiple lawsuits all relating to the same alleged wrongful act, freeing up judicial resources for other important cases.
• They can serve a deterrent purpose to other organizations that might otherwise engage in the same kind of wrongful behavior.

Class action lawsuits often happen in the context of defective products, consumer fraud, data breaches, employment violations, securities fraud, and environmental hazards. In this post, we at Verderame Law Group Arizona Injury Lawyers examine how class action lawsuits work, identify some potential challenges to Arizona class action plaintiffs that an experienced class action plaintiffs’ law firm can address, and consider some of the types of class actions that may be considered in Arizona.

If you believe that you have suffered harm that has the potential to be the basis of a class action claim, or if you want to know how you can join in an existing class action lawsuit, call us today or reach out to us online to speak with an experienced Phoenix class action attorney.

What makes up a class action lawsuit?

A class action lawsuit has three main parts: a class of individuals, all of whom have been harmed by the wrongful act of a business, government agency, or other entity; a lead plaintiff who serves as the representative plaintiff for the class in a legal claim; and attorneys who serve as the class counsel for the entire class of plaintiffs.

How do class action lawsuits work?

Depending on your circumstances, you may file a class action lawsuit using federal or Arizona law.

Federal class action claims

Federal Rule of Civil Procedure 23 (FRCP 23) governs federal class actions. Factors when a federal court considers certifying a lawsuit as a class action under this rule include:

• The class of potential plaintiffs must be sufficiently large.
• There must be commonality of legal or factual issues among the potential plaintiffs.
• The claims of the class representative plaintiff must be typical of members of the class.
• The class representative plaintiff must be able to fairly and adequately protect the interests of the class.

After meeting these prerequisites, the case must satisfy one of the following:

• Injunctive or declaratory relief against the defendant would be appropriate for the class.
• Maintaining separate actions by individual class members would create a risk of inconsistent or varying adjudications or would affect the interests of non-parties.
• A class action would be superior to other methods, and common questions of law or fact would predominate, to fairly and efficiently resolve the controversy.

The Class Action Fairness Act of 2005 provides for federal subject-matter jurisdiction over many large class actions when the aggregate amount in controversy exceeds $5 million, there are at least 100 plaintiffs, and there is minimal diversity between the parties.

If the federal court certifies the lawsuit as a class action, the court must direct the best practicable notice and a right to opt out for most money-damages classes, while other types of classes may not provide opt-out rights. Settlements, dismissals, or compromises of class actions require court approval and must be fair, reasonable, and adequate to the class members.

Arizona class actions

Class actions in Arizona are primarily governed by Rule 23 of the Arizona Rules of Civil Procedure, which closely parallels the federal rule.

To initiate a class action in Arizona, one or more individuals may sue as representative parties on behalf of the class members using factors like the ones for FRCP 23 (for example, the class is so numerous to merit a single lawsuit, there are common questions of law or fact, the claims of the representatives are typical of the class, and the representatives will fairly and adequately protect the class interests).

An Arizona court must certify a class action in writing. Class members must still prove all elements of their cause of action, including individual injury and damages. Nonresidents may be included in an Arizona class action depending on jurisdictional requirements and how the class is defined.

The process of a class action claim

Federal or Arizona state class actions generally follow the same procedure from start to finish:

1. The initial consultation. This is where you and a class action attorney can decide whether your case is suitable for a class action lawsuit, or if there is already an existing class that you can join.
2. Fact investigation and gathering evidence.
3. Filing the complaint by the class representative within the period of the applicable statute of limitations.
4. Class certification by the court and class member notification.
5. Legal discovery. This is a formal continuation of the evidence-gathering process during which the class plaintiff and the defendant exchange information and documents.
6. Settlement negotiations or trial. Class actions are like most lawsuits filed in civil court in that most of them settle before a judgment is reached, but the class representative attorneys must be prepared to take the matter to trial if negotiations fail.
7. Resolution of the class claims. If the class representative attorney can negotiate a favorable settlement, it will still need to be approved by the court before settlement funds are distributed to the class members.

Examples of Arizona class actions

Class actions in Arizona have involved matters that include:

• Employment and wage violations, like employee misclassification, workplace discrimination, and unpaid wages.
• Environmental and public health hazards and unsafe living conditions.
• Unfair sales practices like false or misleading advertising, bait-and-switch sales methods, unauthorized charges, insufficient disclosures, and violations of implied and express warranties and misrepresentation of products or services.
• Unfair property valuation practices.
• Privacy violations and identity theft arising from data security breaches.

Do you have a possible class action claim in Arizona?

Class action lawsuits are a powerful way to ensure that companies, governments, and other legal entities treat consumers and the public fairly and ethically.

Although class actions can have many advantages for multiple plaintiffs, they are not always easy to win:

• Courts do not always certify class claims. Courts apply a rigorous analysis to determine whether Rule 23 requirements are satisfied, and certification is not automatic.
• Class action cases are frequently complex and can take considerable time to resolve in settlement or in court.
• Sometimes divisions can occur among class members about the adequacy of offered settlement amounts or whether their individual objectives have been satisfactorily addressed.

These challenges make it important to have experienced class representative attorneys leading the case. Not every plaintiff’s personal injury law firm is adequately prepared to take on cases of the magnitude or difficulty that class actions often present.

Contact Verderame Law Group today

At Verderame Law Group Arizona Injury Lawyers, our personal injury lawyers have the experience and resources to serve as your class representative counsel in a federal or Arizona class action claim, whether you are the class plaintiff or seek to join an existing class.

We handle all our personal injury cases on a contingency fee basis. This means that you do not owe us anything unless we obtain a verdict or settlement on your behalf.

Call us today or contact us online to learn more about the ways our experienced Phoenix personal injury lawyers can help you get the justice you deserve.