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What happens to my current lawsuit if a class action is certified next month?

Fremont, CA |

I have yet to file a products liability suit in CA. I have a few friends through out the country who have a similar issue with the same product. I just learned that a class action may be certified soon. Should I file now? What happens to my claims or my lawsuit when the class action will be filed? What about if it gets certified?
Any cases I should read about this?

Real advice appreciated. Telling me to go consult an attorney isn't helpful as I have already done that and would like to hear more thoughts. Thank you!

Attorney Answers 2


The answer is not an easy one because the way class actions are handled can differ by case and by state or Federal Circuit. Are you considering filing in state or federal court? Is the potential class action in state or federal court?
If you file now, then you may be able to consolidate your case with the class action if filed in the same district. If your class action is the Multi District type of cases, then there is usually a forced consolidation of all similar federal cases, with the potential option to get out and go alone.

You should contact the attorney’s office that is attempting to get the class action certified, and see if the office is taking on new clients. I really do not see an upside to filing now except if there are statute of limitations issues. Why not wait and let the dust settle?

Good luck.

DISCLAIMER: David J. McCormick is licensed to practice law in the State of Wisconsin and this answer is being provided for informational purposes only because the laws of your jurisdiction may differ. This answer based on general legal principles and is not intended for the purpose of providing specific legal advice or opinions. Under no circumstances does this answer constitute the establishment of an attorney-client relationship.

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Colin Edward Flora

Colin Edward Flora


I agree with David's post in its entirety. I am only adding this comment to provide a supplement to it. If you talk to the attorney attempting to certify the class make sure to assess whether certification of his proposed class would allow you to opt out. If it does allow you to opt out of the class, then it is possible that the class action may not directly affect your claim.



From the consumer's standpoint, NO ONE wants to be a part of the "class action". In class actions, the lawyers make millions and the memeber of the class get a rebate like $10. No thanks. And if you are part of the proposed class defined by whichever the law firms bringing the suit, it is your RIGHT if you choose to do so and not an obligation to participate. I have no obligation to talk to such attorney. I suggest UNREPREENTED LAY PERSON to NEVER talk to professional lawyers. You never know how these slick lawyers will misinterpret your phone call to. My answer would be NEVER to participate in any class action and never to be USED by the others so that they can make money off your injuries. No thanks, but good try, Mr. Flora.



And isn't it strange if the Asker has "current" lawsuit, he must have his own lawyer. Isn't it strange he is asking the question to the strangers on Avvo who has no legal liability or accountability to you instead of his own lawyer.


There is no simple cookie cutter answer to your question and it would be irresponsible for any lawyer to suggest that there is such an answer. There are numerous factors that could affect your rights and your ability to prosecute your own individual claim.

For instance, is the proposed class action on behalf of a national class or is the class limited to residents of a specific state or states? If it isn't a nationwide class, does the class cover your state? If not, then your claims may not even overlap those of the proposed class.

Another question is the time period covered by the class action -- does it overlap the period of time for which you are making claims?

Have class actions regarding this product been filed in more than one federal district court? If so, has there been a proceeding before the Judicial Panel on Multidistrict Litigation? If so, did the MDL Panel grant the MDL or deny it? If an MDL has been ordered, then your individual claim could be designated as a tag-a-long and consolidated with the MDL. If the MDL was denied, then you may have another argument for going it alone, if that is what you want to do. Oh, by the way, you haven't even hinted as to whether you want your case to be consolidated with the class action or whether you want to proceed with an individual case.

If you want to prosecute your own case, you will most likely be notified of your right to opt out of the class in any event.

Legal Information is Not Legal Advice My answer provides information about the law based on the limited information provided in the questions asked and is not intended to provide legal advice or opinions, and does not constitute an attorney-client relationship. The answer to the question is for educational and informational purposes only. The law differs in each jurisdiction and may be interpreted or applied differently depending on the jurisdiction or situation. Accordingly, I highly recommend that you consult with an attorney to discuss the details of your problem so you can get legal advice tailored to your particular circumstances.

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