Will my winning a case help others who want to file a lawsuit against the same company for the same reason?

Asked about 1 year ago - New York, NY

I was scammed by company that was allegedly offering scholarships to high school students in exchange for employment. None of students involved are being paid. Because each claim is relatively small, we have received no help from the Attorney Generals Office or the Department of Labor. The company is continuing the scam.

I have taken on a lawyer and plan to file a lawsuit, but most of the other students involved do not have the financial resources to hire a lawyer. Will my winning my case help them at all? Will I be able to request an injunction as part of my case that the company stop doing business, or that all the students be paid?

At the very least, will the other students be able to cite my case as a precedent if they are able to file in small claims court or as a "pro se" litigant?

Attorney answers (4)

  1. Jonathan Ian Nirenberg

    Contributor Level 9

    4

    Lawyers agree

    Answered . Winning your case could help others with the same claim against the same company. If you win, there is a legal doctrine called collateral estoppel that could prohibit your employer from even arguing its position once it has lost on it in another case. But I would need more information to have a better idea of how likely that would apply to your situation.

    Another option to consider is pursuing a class action. Then you and your lawyer would be representing all of the other victims of the scam you are describing. Again, I would need more information to evaluate whether you have a viable class action or whether it would make sense to pursue one.

    Either way, good luck with your case!

    My answer is based on the limited information provided in the question, and should not be considered legal advice.... more
  2. Arthur H. Forman

    Pro

    Contributor Level 17

    4

    Lawyers agree

    Answered . A class action will provide just the types of remedies you describe. Most employment lawyers take class actions on a contingent basis, and are paid a percentage of the money received in litigation.

  3. Vincent Peter White

    Contributor Level 18

    2

    Lawyers agree

    Answered . I would suggest contacting the press about your case, disseminating information about what is going on could aid your fellow students and also draw the attention of the authorities.

    This answer does not constitute legal advice and you should contact an attorney to confirm or research further any... more
  4. Krishnan S. Chittur

    Contributor Level 12

    2

    Lawyers agree

    Answered . This may be the type of case that is best fought as a class action - large number of people damaged in the same manner and in amounts relatively small to justify litigation. That way, you don't foot the entire bill for litigation yourself - all students stand to benefit from a successful resolution, and the lawyers will be paid out of recovery under supervision by the judge.

    If you do not have a signed retainer fee agreement with Chittur & >Associates, P.C., ("the Firm"), then until... more

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