Practices

Class Action/Multidistrict Litigation

Class Action Attorneys

Class Action Lawyers

When a corporation or other entity causes harm to a number of people, a class action lawsuit can provide widespread relief to the victims. Sometimes people injured by the same company must band together to protect their rights.

The class action attorneys at Jinks Crow have extensive experience and resources to guide a class action lawsuit through filing, certification, and resolution on behalf of plaintiffs and consumers throughout the country. With multiple offices and affiliated attorneys, we are prepared to serve clients from anywhere. If you believe that you are a potential plaintiff in a class-action lawsuit, contact us today to schedule a free and confidential consultation.

Multidistrict Litigation (MDL) & Class Action Lawsuits

At Jinks Crow, we are dedicated to protecting consumers’ rights. We have significant experience representing plaintiffs in large class action matters that have been consolidated with those from several districts within the same state, and that are being heard before one judge due to the similarity of the claims at issue, instead of being litigated in numerous separate courts.

These matters are known as multidistrict litigation (MDL) cases and require a sophisticated understanding of the complex procedural and substantive aspects of class action cases.

Representative cases from our attorneys’ significant body of work in MDL, class action, and putative class action matters on behalf of plaintiffs and consumers include:

In re: Blue Cross Blue Shield Antitrust Litigation, MDL No. 2406, Case No. 2:13-cv-20000-RDP, In the United States District Court for the Northern District of Alabama
- Lynn Jinks and Christy Crow serve on the expert and discovery committees in this case. Christy Crow was selected to depose finance-related Blue Cross employees and defend expert depositions.
In re: Genetically Modified Rice Litigation, In the United States District Court for the Eastern District of Missouri, Eastern Division, Case No. 4:06 MD 1811 CDP
- The firm was selected by the steering committee to identify and recruit merits experts to testify on behalf of the Plaintiffs, to prepare experts for depositions, to attend those depositions, and to depose the defendant’s merits experts.
In re: National Arbitration Forum Trade Practices Litigation, MDL No.10-2122
Browder v. Fleetwood Enterprises, Inc., Case No. EDCV 07-01180 SGL (JCRx), In the United States District Court for the Central District of California
May’s Distributing Co., Inc. v. Total Containment, Inc., et al, In the Circuit Court of Bullock County, Al, Case No. CV-2003-00002
Main Drug, Inc. v. WHP Health Initiatives, Case No. 2:05-cv-292-MEF, In the United States District Court for the Middle District of Alabama
Parham v. American Bankers, 24 So. 3d 1102 (Ala. 2009)
Caldwell v. CCA, Case No. CV- 06-54, In the Circuit Court of Bullock County, AL
Briggs v. Countrywide, Case No. 95-d-859-N, In the United States District Court for the Middle District of Alabama
Robertson v. Liberty National Insurance Company, Case No. CV-1992-0000021, In the Circuit Court of Barbour County, AL
- The firm represented the Intervenor in a class action that was certified and later settled.
Smith v. Caremark, Case No. CV-08-900054, In the Circuit Court of Bullock County, Alabama; and
In Re: Cathode Ray Tube (CRT) Antitrust Litigation, Case No. 07-5944 SC, MDL No. 1917.

Current MDL and Class Action Cases

Multidistrict litigation (MDL) cases require a sophisticated understanding of the complex procedural and substantive aspects of class action cases.

The class action attorneys at Jinks Crow have represented many individuals in MDLs:

A Wide Variety of Claims Can Be Litigated as Class Actions

Class actions group the similar claims of multiple plaintiffs together and litigate them in one lawsuit. This approach provides several benefits. It can keep the cost of litigation down because discovery, hearings, and other expenditures of time and money only need to take place once instead of on repeated occasions for every member of the class. Class actions also sometimes allow for the resolution of claims more quickly than trying cases one by one.

Many kinds of claims can be brought as class actions as long as the circumstances of the plaintiffs’ claims are substantially similar and concern the same defendant(s). People injured by the same defective product, a group of businesses defrauded by the same company, a group of individuals affected when companies violate laws or regulations, or even employees all owed overtime pay by the same employer are all candidates for a possible class-action lawsuit.

The class action attorneys at Jinks Crow have extensive experience with class action and MDL litigation in federal and state court and have brought suits involving multiple issues such as antitrust, agriculture, and insurance.

Class Actions

Class actions can be filed under either state or federal law. The first major step in litigating a class action case is the certification of the class. This is the process that transforms a normal lawsuit into a class action. In order to certify a class, the claims must exhibit four factors:

A large enough number of potential plaintiffs so that joining them all into a single traditional lawsuit would not be practicable;
Common questions of law or fact between the plaintiffs’ claims;
The similarity of claims between all the members of the class; and
The plaintiffs will adequately represent the interests of all members of the class.

Once these factors are met, the class can be certified as long as the lawsuit falls within one of the three types of class actions permissible. This last step generally seeks to ensure that the litigation of a case as a class action will result in a similar outcome for each member of the class.

The federal laws that allow plaintiffs to file a class-action lawsuit in U.S. District Court are similar and are designed to ensure that all class members are treated equally. If you are unsure as to whether your potential case can qualify as a class action, contact one of our experienced class action lawyers. We can help. Contact us today to learn more.

Your Rights Under the Fair Credit Reporting Act (FCRA)

The Fair Credit Reporting Act (FCRA) is a federal law that protects the accuracy, fairness, and privacy of the information collected by consumer reporting agencies (CRAs), such as credit bureaus. This information is often used to make important decisions about credit, insurance, employment, housing, and more. Knowing your rights under the FCRA is an important step in protecting both your financial security and your personal information.

Key rights provided by the FCRA include:

Access to Your File – You can request and review the information a consumer reporting agency has on file about you.
Free Annual Report – Each of the nationwide credit bureaus (Equifax, Experian, and TransUnion) must provide a free report every 12 months, and you may be entitled to additional free reports in certain situations (such as identity theft or denial of credit).
Right to Dispute Errors – If information in your file is inaccurate or incomplete, you can dispute it, and the CRA must investigate and correct errors, usually within 30 days.
Limits on Old Information – Most negative information cannot be reported after seven years, and bankruptcies after ten years, with some exceptions.
Notice of Adverse Action – If your credit or consumer report is used to deny you credit, employment, or another service, the business must inform you and identify the agency that provided the report.
Restricted Access – Only entities with a “permissible purpose” (such as creditors, insurers, employers, or landlords) may access your consumer report.
Employment Reports Require Consent – An employer cannot obtain your report without your written authorization (with limited exceptions).
Right to Your Credit Score – You may request your credit score, sometimes for a fee, though many lenders and credit card issuers provide access for free.
Security Freeze Option – You can place a freeze on your credit file to block access without your approval, an important tool for preventing identity theft.
Fraud Alert Option – If you are a victim of identity theft, you can add a fraud alert requiring businesses to verify your identity before issuing new credit.
Opting Out of Prescreened Offers – You can remove your name from unsolicited credit and insurance offers that are based on your report.
Right to Take Legal Action – If a CRA or related entity violates your rights under the FCRA, you may be able to pursue damages in court.