Eric Lechtzin’s Answers

Eric Lechtzin

Philadelphia Class Action Attorney.

Contributor Level 16
  1. Hi my question is how do i go about filing a class action lawsuit against the city

    Answered about 2 years ago.

    1. Eric Lechtzin
    2. Jeannette Charlotte Christine Darrow
    3. Marc Guy Mathys
    4. Christine C McCall
    5. Brian Coleman Kelly
    5 lawyer answers

    Without knowing more about the substance of your claims (or potential claims), it is impossible to say whether your matter is suitable for treatment as a class action. In fact, the only thing you've disclosed is that you wish to sue "the city" and that government agencies are involved. For a case to be litigated as a class action, it must meet the requirements of Federal Rule of Civil Procedure 23(a), which are numerosity, typicality, commonality and adequacy. In addition, it must meet the...

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  2. Is there a lawsuit or civil action that can be taken against someone that is a habitual liar?

    Answered about 1 year ago.

    1. Eric Lechtzin
    2. Frank Wei-Hong Chen
    3. Martha Bronson
    4. David Lawrence Berke
    4 lawyer answers

    First , the situation you describe doesn't sound like it has any potential as a class action. A class action is a lawsuit in which a representative plaintiff brings claims on behalf of a large group of people (typically 50 or more) who have similar claims. Class actions are usually filed against large companies for harm that the company has inflicted on a large group of people. It would be very unusual for a class action to be brought against an individual. Second, there is nothing that...

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  3. Can an attorney that never disclosed consequences that arise from being a named plaintiff of a class action be held accountable?

    Answered about 2 years ago.

    1. Eric Lechtzin
    2. Jeffrey Lee Weinstein
    3. Marilynn Mika Spencer
    3 lawyer answers

    I mostly agree with the first answer. The fact that the lawyer representing you and the class did not warn you of every possible consequence of serving as a class representative probably does not constitute legal malpractice. Moreover, even if it were malpractice, you may have a very difficult time proving that you were denied employment because you served as a plaintiff in a class action. The company that did not hire you, if subpoenaed to testify, would probably say that you weren't hired...

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  4. Do we have a valid lawsuit against H&R block for messing up millions of tax returns? Breach of fiduciary duty?

    Answered about 1 year ago.

    1. Eric Lechtzin
    2. Rixon Charles Rafter III
    3. Richard Edmund Hawkins
    3 lawyer answers

    I agree with Mr. Rafter. The two biggest issues are your agreement with H&R Block and damages. H&R may have provisions in its contracts with consumers that limit its exposure to lawsuits related to errors in its preparation of tax returns. An attorney will need to review the sales agreement with H&R to determine whether the contract has such provisions. The second question is damages. If it is only a couple of weeks delay in getting a refund, but the amount of the refund is not...

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  5. How do I start a class action lawsuit against Etsy, Inc? There're many who've lost their shops; livelihood, without explanation

    Answered about 1 year ago.

    1. Eric Lechtzin
    2. Jeffrey Steven Feinberg
    3. Eric Edward Rothstein
    4. Rixon Charles Rafter III
    4 lawyer answers

    Whether you have a case that is suitable for a class action or an individual case is a complicated question. For it to be appropriate for a class action, you need a sufficient number of persons who have been harmed by this company (a minimum of 40-50). All members of the proposed class would also need to have claims that are substantially similar -- the so-called "commonality" requirement. While the claims do not need to be identical, you would need to establish that the members of the...

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  6. Driving without a license or insurance i know some people can do it legally but how would i go about doing this legally in NYC

    Answered about 2 years ago.

    1. Craig A. Post
    2. Jeffrey Bruce Gold
    3. Bryant Keith Martin
    4. Eric Lechtzin
    5. J Charles Ferrari
    6. ···
    7 lawyer answers

    Agreed. Don't believe everything you hear. You cannot drive legally without insurance or a license. I don't think you need a lawyer to research this for you, since it is nothing more than an urban legend. However, if you attempt to drive without a license or insurance and get stopped by the police, you will definitely need a lawyer.

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  7. How to go about filing a class action lawsuit against a so called accelerated school and looking for an attorney as well.

    Answered about 1 year ago.

    1. Eric Lechtzin
    2. Stewart C Crawford Jr.
    3. Jake Aryeh Marcus
    3 lawyer answers

    Whether your claims against this school are suitable for a class action rather than as an individual case depends on whether there are a sufficient number of people with substantially similar claims to yours. In legal terms, to have a class certified, it must meet the requirements of Federal Rule of Civil Procedure 23(a), which mandates that: (1) the proposed class be sufficiently numerous (at least 50 persons); (2) there are issues of fact and law that are common to all members of the...

    7 lawyers agreed with this answer

  8. In Class action suits how are settlements distributed?

    Answered about 2 years ago.

    1. Eric Lechtzin
    2. Thomas H Howlett
    2 lawyer answers

    Any settlement of a class action must be approved by the court pursuant to the requirements of Federal Rule of Civil Procedure 23. If the settlement includes monetary compensation for the class, the proceeds of the settlement are distributed in accordance with a plan of allocation. The court reviews the plan of allocation proposed by the attorneys for the class. If the court finds that the plan of allocation is fair, then the proceeds of the settlement will be distributed to the class in...

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  9. I HAVE A POTENTIAL CLASS ACTION SUIT AGAINST A SMALLER BANKING INSTITUTION DUE TO deceptive practices.

    Answered about 1 year ago.

    1. Eric Lechtzin
    2. Herb Fox
    2 lawyer answers

    Your question is, "Can I settle with them before filing a class action?" Yes, you can potentially settle your individual claims against this financial institution before filing a lawsuit against them. If you are able to convince the management of this institution that you have valid claims and the means to pursue such claims, they may be willing to compensate you for your loses. However, they certainly will not pay you a settlement based on the value of a class action alleging claims that...

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  10. Would a lead plaintiff in a class-action lawsuit have to pay for 128.7 sanctions?

    Answered over 1 year ago.

    1. Marilynn Mika Spencer
    2. Eric Lechtzin
    3. Panda Lynn Kroll
    3 lawyer answers

    Generally it is the lawyers who get sanctioned, not their clients.

    6 lawyers agreed with this answer

    1 person marked this answer as helpful