Complex Litigation Attorneys in New York
Complex litigation involves specific types of complicated civil actions that often involve multiple parties, attorneys, expert witnesses, and jurisdictions; large finances; long trials; complex legal issues, subject matter, testimony, damage determinations, procedure, and law; extensive discovery; diversity; and class certifications. Complex litigation may include class actions, consumer fraud, defective drugs, defective medical devices, toxic torts, whistleblower lawsuits, overtime law and wages, and business litigation. Mass torts and class action lawsuits are examples of complex actions.
When an individual seeks justice, a lawsuit may not be the most practical method and individual losses may be limited, which means a lawsuit might not be a meaningful investment, a class action lawsuit may be a better option. A class action is a type of lawsuit in which one a party is considered a group of people that is represented collectively by one member of the group. Class actions are most common when the allegations involve a large number of people who have been injured or financially harmed by the same product or action in the same way.
Instead of each injured person bringing his or her own individual lawsuit, the class action allows all the class members’ claims to be resolved in a single proceeding; each individual’s claim is essentially the same with all claims proceeding as a group claim against the defendant(s).
Class actions are commonly brought for various reasons that may impact a large number of individuals. These types of claims may include discrimination; wage and/or hour law disputes; unfair or fraudulent business practices associated with services; or defective or dangerous products, including consumer products and vehicles, for example.
Specific certification requirements must be met and the court must certify the class. How a case is handled depends on federal or state law and the subject matter; federal procedure differs slightly from various states’ rules and many states follow what has been set forth in the Federal Rules of Civil Procedure (FRCP), which indicate, essentially that:
- There must be a sufficient number of potential claimants so that, as named plaintiffs in one, traditional lawsuit, the number of claimants is not realistic.
- Common questions of law or fact must be similar among all claims to ensure all claims are based on the same alleged error or wrongdoing.
- Alleged claims made by the class representatives must be the same across the class; arguments raised by the defendant(s) would be the same or similar.
- Class representatives provide fair and adequate protection for the class. At this point, the lawyers representing the class will be scrutinized, especially concerning fee agreements.
Once the class action has been certified, all potential class members are notified of the class action lawsuit. Class members may choose to opt out of the class, which means that they will no longer be part of the class action, will not receive any agreed-upon settlement, and will not be bound to any class action resolution, including if the case was dismissed. These individuals may still file their own lawsuit against the defendant(s).
Should settlement of the class action lawsuit be discussed, the court must approve any agreed-upon settlement by the class representatives and counsel and the defendant(s). Class members must be notified by compliant notice that a settlement has been reached. The notice must contain information that a settlement has been reached, settlement details, and class members’ right to object to the proposed settlement.
Other names for lawsuits that are brought by numerous people who allege similar losses or harm include “mass tort litigations,” “multidistrict litigations” (MDL), and “multi county litigations.”
All of these group lawsuits involve slightly different legal actions and processes. Mass tort allegations typically involve drug recalls or alleged defects, medical device recalls or alleged defects, and significant catastrophes. Cases are treated in the federal justice system and are organized together in an MDL in front of one federal judge, or cases are treated in a multicounty litigation in front of one state judge. MDLs and multicounty litigations are a type of mass tort action. Consolidation enables complex litigation to be handled more efficiently.
Parker Waichman New York Class Action Lawyers are experts in class action and mass tort litigations with decades of experience. Please contact the attorneys at are firm if you have any questions about filing a class action lawsuit.
Qui tam lawsuits are a powerful type of civil lawsuit that whistleblowers bring under the False Claims Act. This type of lawsuit helps in detecting and stopping fraud and assists the government in ceasing various fraudulent actions, including Medicare and Medicaid Fraud and adverse and financial actions against the government.
When an individual possesses evidence of fraud allegedly perpetrated against the government and chooses to enter into a whistleblower lawsuit, the whistleblower will need to consult with a lawyer. New York Whistle Blowers Lawyers at Parker Waichman has long been involved in whistleblower cases, has long supported whistleblower efforts to report illegal activities, and firmly believes that whistleblowers play a much needed role in whistleblower lawsuits.
Overtime Law, Wage
The federal Fair Labor Standards Act (FLSA) was put in place to protect citizens who are not paid overtime or other rightfully earned wages. Under the Act, most employees have a right to be paid for all hours “suffered or permitted to work.” The Act also mandates that employees, even those who are paid in tips, be paid at least minimum wage.
Many companies look for ways in which to avoid these requirements, which violates FLSA. Individuals whose employers neglect to pay minimum wage, overtime, or all hours worked may be in violation of the FLSA. The lawyers at Parker Waichman LLP offer free lawsuit evaluations to any employee denied his/her pay. To learn more about filing an FLSA lawsuit, or other employment claim, please contact the New York Over Time Law/Wages Lawyers at Parker Waichman LLP today.
Consumer fraud lawsuits involve unfair and deceptive tactics used by business and other entities to gain financially at the expense of, and to defraud, consumers, including bait and switch tactics, bogus disclosure of unscrupulous bookkeeping, charging for services that were not provided, false or misleading advertising, and unfair pricing.
Consumer fraud impacts the marketplace by enabling deceitful businesses to gain an unfair advantage over ethical competitors. State and federal laws do provide consumers with broad protection from unfair and illegal business practices that lead to consumer fraud. When consumers purchase a product or service, there is the potential risk for fraud and fraud may appear in a variety of ways from overpaying for services to purchasing a defective automobile.
To offset a competitive marketplace, some companies use fraudulent practices to gain a financial edge while cheating customers. Automobile, insurance, contract, and sales fraud are just some examples in which consumers may be unfairly disadvantaged by being faced with overcharges or defective products.
Federal and state laws offer fraud protection via regulation of the advertising, marketing, and sales of consumer products and services. Federal agencies work to prevent and address consumer fraud, including the Federal Trade Commission (FTC), the U.S. Consumer Product Safety Commission (CPSC), and the Consumer Financial Protection Agency. Consumers may be faced with fraud that involves individual losses that laws and agencies are unable to address. New York Consumer Fraud Lawyers at Parker Waichman has broad consumer fraud experience and it attorneys are available to discuss justice and compensation.
A defective drug is either a prescription or an over-the-counter (OTC) medication that may lead to physical, psychological, or emotional injury and may involve a drug defect or inappropriate labeling or insufficient warnings.
Drug manufacturers are responsible to ensure appropriate clinical testing is conducted prior to submitting the drug for approval to the U.S. Food and Drug Administration (FDA). Drug makers are also mandated to indicate any potential side effects and warnings on the drug label to ensure patients, their caretakers, and physicians are fully aware of any risks tied to the drug.
Pharmacists are responsible to issue the accurate and correct medication dosages and physicians must ensure they are prescribing the most appropriate medication, taking into account the risk-to-benefit ratio of a prescribed medication, especially given that some medications have significant and/or long-term side effects.
Should a drug be found potentially dangerous, the FDA will investigate to determine if the drug’s benefits outweigh its risks. In some cases, a drug may be recalled. In other cases, the agency may mandate that additional warnings be added to a drug’s labeling. The FDA notes that, “Recalls are actions taken by a firm to remove a product from the market. Recalls may be conducted on a firm’s own initiative, by FDA request, or by FDA order under statutory authority.”
If a drug allegedly causes injury or death, a legal claim may be pursued for financial compensation, pain and suffering, loss of economic support, loss of a deceased person’s companionship, and loss of wages and future wages. Parker Waichman has many fully versed New York Defective Drugs Lawyers.
Defective Medical Devices
Medical devices meant to improve a patient’s quality of life; however, a medical device may be created and manufactured in such a way that it causes injury and long-term health issues to patients. Upon occasion, some medical devices may cause more harm than the original injury, patients implanted with a device may have to undergo additional surgeries caused by the device, and some patients may never recover from the damage allegedly caused by a defective device.
When a patient receives or is implanted with an allegedly defective medical device and suffers injury or death, patients or their survivors, may be able to pursue a claim and recover compensation, for example, for medical expenses, lost wages, lost future earnings, and pain and suffering.
The New York Defective Medical Devices Lawyers at Parker Waichman will help determine if the medical device was properly designed and manufactured, that proper warnings and instructions were supplied to physicians and patients, that the device was sufficiently tested prior to releasing the device to the market, and that the device maker did not inflate the device’s safety, efficacy, and benefits.
Environmental Cases (Toxic Exposure)
Environmental law involves any environmental issue concerning individuals, businesses, and government entities and involves regulations and cleanup of hazardous, toxic, or chemical materials, as well as penalties for those individuals or entities that violate environmental law. This provides environmental protection for prospective buyers of environmentally affected property. Environmental laws also prohibits dumping toxic waste and other hazardous chemical materials on public lands and waterways.
New York Toxic Torts Lawyers at Parker Waichman has long been involved with protecting residents and the environment over issues that include chemical spills, destruction of wetlands hydraulic fracturing (fracking), land development, Native American rights, pollution, toxic waste dumping, solid waste dumping, usage of natural resources, and wildlife and aquatic protection. Specific areas of environmental law and policy include federal and state environmental law and real property; state versus federal environmental laws; toxic torts; and toxic waste, pollution, and hazardous waste, including brownfields, fracking, oil spills, and gas leaks.
A brownfield is a prior industrial or commercial site where future use is affected by real or perceived environmental contamination. Fracking drilling involves horizontally injecting tons of silica sand, a massive mix of more than 600 chemicals, and water at least one mile underground via a drill into a concrete well that extends to a bed of shale rock deep beneath the earth’s surface. When this combination reaches the rock, it is blasted apart and natural gas is released. The fracking liquid is meant to be returned to the surface and captured; most of the toxic liquid remains underground.
Parker Waichman also has decades of experience helping businesses and individuals in variety of business law and litigation matters. The firm works with its business clients to fully understand their legal issues so that businesses may concentrate on running their business and New York Business Litigation Lawyers at Parker Waichman may use its deep understanding and expertise to evaluate the approaches needed to manage issues involving, for example, breach of contract, commercial collections, defective goods, unfair competition, fraudulent business practices, wrongful interference with business relationships, franchisor or franchisee disputes, and shareholder actions, to name some.
Questions Concerning Complex Litigation
The attorneys Parker Waichman have a long history of successfully fighting complex litigation cases for their clients. If you or someone you know has been injured or suffered losses that fall under complex litigation, the firm offers legal consultations to individuals, business, and entities with questions about filing a lawsuit.
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