Famous Class Action Lawsuits
What About Class Action lawsuits in Texas? Class action lawsuits fall under Texas Civil Code Section 42. This law allows Texas residents to file lawsuits against another Texas resident who is guilty of or liable for acts in violation of Texas law. But a class action lawsuit may only be brought if a valid class action lawsuit has been filed in a court of law.
There are many reasons why businesses want to file a lawsuit on behalf of their prospective class members.
For one, the government often prefers to settle a case rather than go to trial. It is also much more efficient and less costly to settle than to go to trial. And although this belief may be true, plaintiffs should keep in mind that there is nothing stopping the United States government from filing class action lawsuits and then having the case dismissed for lack of sufficient evidence, improper proceedings, etc. (For more information on this see “The Federal Court: Can it Enforce Settlement Deals in Class Action Litigation?”)
The truth is, sometimes large groups of people who feel wronged can file lawsuits together.
If this happens, the class action lawsuits can help settle the claims among a large group of plaintiffs for a relatively small amount. Although class action lawsuits are not usually worth a lot of money, they do provide some financial benefits to the attorneys who handle them. These benefits are also true for those who participate in such lawsuits, as well.
One example of a famous class action lawsuit was filed against GlaxoSmithKline, a major pharmaceutical company.
GlaxoSmithKline manufactured several different kinds of prescriptions drugs, including antidepressants and painkillers. In one of their packs, GlaxoSmithKline advertised one of their most popular antidepressant products, Effexor, as a cure-all for depression. A group of people filed a lawsuit against GlaxoSmithKline, because they felt that this was not only an untrue advertising claim, but a violation of the Americans with Disabilities Act.
The plaintiffs in this case were able to receive a substantial monetary award because GlaxoSmithKline was found liable for violating the provisions of the Americans with Disabilities Act.
The complaint required GlaxoSmithKline to include a notice on all of their medications packages that they must inform patients that they are subject to a Class Action lawsuit if they experience an adverse reaction to any of the drug’s ingredients. The requirements must be clearly spelled out so that consumers will know what is expected of them should they have problems with any of the medicine’s ingredients. The requirements must also be clearly outlined, so that class action lawsuits will not be filed by parties who are not related to any of the lead plaintiffs. The requirements must also explicitly state whether or not damages will be paid by the government or by the lead plaintiffs themselves.
If a settlement is reached, GlaxoSmithKline will need to hold a conference call with the attorneys for both sides of the case.
If a court case is filed by the lead plaintiff, GlaxoSmithKline must hire an attorney who will work in coordination with the lead plaintiff’s attorney. GlaxoSmithKline has thirty days within which to answer the complaint. If a settlement is reached, the attorneys for both sides will need to report their results to the lead plaintiff’s attorney.
