Class Actions

There is power in numbers.

When many people have suffered the same injury, they can band together to file a class action lawsuit against the same defendant. Whether you are a victim of a company-wide system of discrimination, insurance fraud/bad faith, defective products, etc., the law firm of Smolen, Smolen & Roytman, PLLC has the experience, sophistication and resources to pursue Class Action claims on a state, regional or national scale.

PREREQUISITES TO A CLASS ACTION:

Oklahoma law, mirroring the requirements set forth under the Federal Rules of Civil Procedure, sets forth that one or more members of a class may sue as representative parties on behalf of all only if:

• The class is so numerous that joinder of all members is impracticable;
• There are questions of law or fact common to that class;
• The claims or defenses of the representative parties are typical of the claims or defenses of the class;
• The representative parties will fairly and adequately protect the interests of the class.

Furthermore, an action may only be maintained as a class action in Oklahoma if the prerequisites above are satisfied and:

1. The party opposing the class has acted or refused to act on grounds generally applicable to the class, thereby making appropriate final injunctive relief or corresponding declaratory relief with respect to the class as a whole; or
2. The court finds that the questions of law or fact common to the members of the class predominate over any questions affecting only individual members, and that a class action is superior to other available methods for the fair and efficient adjudication of the controversy. The matters pertinent to the findings include:
   1. the interest of members of the class in individually controlling the prosecution or defense of separate actions;
   2. the extent and nature of any litigation concerning the controversy already commenced by or against members of the class;
   3. the desirability or undesirability of concentrating the litigation of the claims in the particular forum, and
   4. the difficulties likely to be encountered in the management of a class action.

Oklahoma law sets forth four requirements for maintaining a class action: numerosity of the class; commonality of the questions of law or fact; typicality of the class representatives' claims; and ability of the class representatives to fairly and adequately protect the interests of the class.

       1. Numerosity

Numerosity occurs when the class is so numerous that joinder of all members is impracticable. This requirement is satisfied by numbers alone where the size of the class is in the hundreds, however as few as eleven (11) members has been found sufficient.

      2. Commonality

Commonality requires that there be questions of law or fact common to the class members. As a general rule, where a lawsuit challenges a practice or policy affecting all putative class members, individual factual differences among the individual litigants will not preclude a finding of commonality.

      3. Typicality

Typicality is satisfied when it is alleged that the same unlawful conduct was directed at or affected both the named plaintiff and the class sought to be represented irrespective of varying fact patterns that underlie individual claims.

      4. Adequacy of representation

Adequacy of representation is satisfied when the representative parties will fairly and adequately protect the interests of the class. The fact that a class representative has not personally incurred all the damages suffered by other class members does not necessarily preclude the representative's ability to adequately represent the class. Even a potential conflict between the representatives and some class members does not preclude the use of a class action if the parties appear to be united in interest against the defendant.

Only skilled attorneys familiar with both Oklahoma and federal law can evaluate a claim properly and determine whether it has the makings of a Class Action lawsuit. If you feel you have been wronged and there is a possibility you are not the only victim, chances are you’re correct. Call one of the attorneys at Smolen, Smolen & Roytman, PLLC today for a free consultation. Remember, it costs you nothing to sit down and have an attorney answer any and all questions you may have regarding your potential claim.

Call us at 918-585-2667 or contact us online.  We'd like the opportunity to shed some light on your legal situation. We handle cases throughout Oklahoma and across the United States.