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Old March 17, 2013, 09:43 AM   #119
Spats McGee
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Join Date: July 28, 2010
Location: Arkansas
Posts: 5,203
btmj, I'm not sure class action status does what you think it does. Class action cases are just a way to preserve judicial resources in the litigation context. See Frank's post:
Quote:
Originally Posted by Frank Ettin
A class action is a particular form of litigation primarily useful to collect money damages or financial restitution when, based on the same facts, a large group of people have suffered what to each of them is a relatively small economic loss. It is useful because it provides a way to pool a lot of small dollar claims, each of which would be economically impractical to pursue individually. A class action can become viable when the aggregate of the pooled claims reaches a sort of economic critical mass, making the remedy financially feasible.
The State can still settle class action suits. I seem to recall getting a notice that I had been awarded something like $1.43 as my part of a class action settlement. (Go, me!)

While class actions are useful for preserving resources, there's no reason that a multiple-plaintiff case without class action status cannot go forward. Sometimes the various plaintiffs are dissimilarly situated enough that class action just won't work.

It is a declaratory judgment that declares a law unconstitutional and that tells the State, "Stop it!"
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