Ohio Class Action Attorneys
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What Constitutes Class Action Lawsuits in Ohio?
Ohio class action lawsuits are the consolidation of multiple, related claims into a single lawsuit.
In appropriate circumstances, hiring Ohio class action attorneys can be an efficient alternative to individual lawyers, as it helps spread the legal costs among the group of claimants, some of whom might not be able to afford the cost of prosecuting their claims individually. Also, sometimes a group of people can have a bigger impact against the wrongdoer and achieve better results than one or two individuals fighting on their own.
However, not just any group of people can band together and call themselves a "class." Certain criteria must be met for a group of claimants to be certified as a class and for a lawsuit to be certified as a class action.
Definitions of Class Action Claims in Ohio
In Ohio, class certification is controlled by Ohio Civil Rule 23. In a nutshell, Section A of the rule establishes four criteria for class certification: 1) numerosity, 2) commonality, 3) typicality, and 4) the requirement that the class receive fair and adequate representation.
- Numerosity refers to the requirement that there be a sufficient number of claimants. However, there is no magic number. The Ohio Supreme Court has stated that the numerical requirement must be determined on a "case by case" basis. They did, however, provide some general guidance, stating in their decision that, more than 40 people probably qualifies as meeting numerosity; that less than 25 may not; and that between 25 and 40, there is no automatic rule.
- Commonality requires that there be questions of law or fact common to all members of the Ohio class action lawsuit. The determination of commonality is also made on a case-by-case basis, however, the Ohio Supreme Court noted that if there is a "common nucleus of operative facts" or "there is a common liability issue", then commonality is probably met. Examples of commonality might include a group of people who were all harmed in the same way by the same drug, or a group of people who were similarly defrauded by an insurance company.
- Typicality This requirement has to do with the named representatives of the class or group having essentially the same matters at issue as the rest of the class or group, which the Supreme Court defines as "no express conflicts among the members of the group". The Fifth District Court of Appeals further clarified the requirement of typicality by noting that there may be differences between the factual patterns; but the important point is that the defendant's conduct is the same for each member of the class. So, for example, if a chemical company contaminated water in a community and many neighbors got sick, even if the named representatives got sick at different times or in different ways than some other members, they could still qualify as a class because the cause and conduct are the same.
- Adequate Representation requires that the class representatives-the named plaintiffs-must adequately represent the interests of the other members of the class. Additionally, there must be a determination as to the adequacy of the class representatives' counsel. Ohio class action attorneys must be "experienced in handling litigation of the type involved in the class before certification is allowed."
Free Consultations With Ohio Class Action Lawyers
If you have been injured or damaged in a situation where you know others have also experienced a problem, please give us a call. If requested, we will meet with you to explain your legal rights and determine if you might have cause for Ohio class action lawsuits or might be able to join a class action already in progress. There is never a charge for an initial consultation with our Ohio class action attorneys.
