is it possible to file a class action of (1). i have seen it mentioned across the boards before. the purpose obviously in discovery is to get evideince of addtional violations. looking for the those that know to respond. thank you
No and if you file a lawsuit you can still do Discovery. But a Judge is not going to allow you poke around at will.
i am very green here.... but thats not what i read upon futher research.. please point out where i am mistaken... Rule 23. Class Actions (a) Prerequisites. One or more members of a class may sue or be sued as representative parties on behalf of all members only if: (1) the class is so numerous that joinder of all members is impracticable, (2) there are questions of law or fact common to the class, (3) the claims or defenses of the representative parties are typical of the claims or defenses of the class; and (4) the representative parties will fairly and adequately protect the interests of the class. there's a bunch more...but thats just the jist...i guess my question should be can i file a class action pro se? i think that would be yes..because according to rule 23 the fed court actually has to amke the decison if the the case will be considered class action..but if that is determined..i don't think i can continue pro se i have a company outside of the typcial realm of discusson here that viloations extened well into the hundreds of thousands.maybe millions so here's the delima,..ITS of clase action would probably be laughed off as any ITS letter would be...this company considers themselves above all the difficulty arises.should i pursue this alone i could probably have enough violations to mide to upper 5 figures...a successful class action would yeild low 7 figures. this compaany has been sued before and lost to the tune of low 7 fgures but considered it a victory as it was sigfignicantly less that what was sought by the plaintiffs. whats wrongs with 5 figures? nothing... class action i would be lucky to get mid 3 figures... further reading of rule 23 indicates that if the court determines it to be a class action..they (the court) have the right to approve the settlement.. or i should say a settlement does not occur behind closed doors. so....is there a way to leverage a ITS class action... i am thinking my way thorugh this as i type...i beleive i read in rule 23 that if the court deems this to be a class action settlement..they may appoint counsel..so at that time i can exclude my self and sue inpendently...start the class action then bow out.. best way i can see for the devil to get his due and me to get as high an award as possible any input out there?
"One or more members of a class may sue or be sued as representative parties on behalf of all members only if:" This means that one or more persons can represent the class as a whole. Meaning that several individuals can represent 100's or 10's of thousands in the class. One person suing another is not a class.
Class actions are cost prohibitive and even then, you'd never get a class certified as Enigma implied. File your action individually.
