How Do I Join A Accutane Class Action?
Generally, before a court certifies a class action, it must conclude that there are too many class members for them all to be named as parties in the lawsuit. Technically, class members do not "join" in the litigation, but decide to participate by not "opting out." It is only in rare instances that a suit is filed as an "opt in" class action. In those rare instances, a claim form or request to join form may be necessary.
Can I Be Bound By A Settlement Or Judgment Of A Class Action?
Yes. If the court decides the underlying legal proceedings were fair, all absent class members are generally bound by the judgment or settlement of a case. But if the lawsuit is primarily to recover money, absent class members are entitled to notice and an opportunity to "opt out" (exclude themselves) from the proceedings. If a person opts out, he is not bound by any judgment or settlement of the class action. If a person opts out, he may be free to bring a claim for damages individually. When a class action is for declaratory or injunctive relief, notice isn't required to bind absent class members and the court may not allow a person to opt out.
If I Have A Claim, Should I File My Own Lawsuit?
The answer depends on the nature of the suit and your own individual circumstances. Often, class actions seek recovery for a large group of people, but individual damages may be small. For instance, if a mortgage company is improperly charging interest, and as a result every class member paid $100 more than he or she should have been charged, the cost of litigation may make it impractical to file such a case individually. On the other hand, if you have substantial damages and a serious claim, you should talk to a lawyer about whether to file your own lawsuit.
Ordinarily, the notice issued to class members in the usual suit for money damages will tell the class members if they need to take any action to participate. In a suit for money damages, any class member who does not "opt out" may be bound by the results of the litigation if it proceeds as a class action. If a class member should determine, however, that he wants to participate in the suit as a named party, he may hire his own lawyer and seek to "intervene" (participate) in the lawsuit.