What is a Class Action Suit
A class-action lawsuit is a civil lawsuit brought on behalf of a group of people or business entities who have suffered common injuries as a result of the defendants’ conduct, with at least one individual or entity acting as a representative of that group. While the issues of a class action can vary, the issues in dispute are common to all class members. We want to be in a common law venue pursuant to an Article III Court under the United States Constitution, where a judges pay does not diminish.
Class actions can be brought in state or federal court. If the case involves federal laws, then federal court is the proper jurisdiction.
Each litigant could bring their own action, so why join all the actions into one class-action lawsuit? The answer is that it is often more practicable for the plaintiff, the court and the defendants to join the individual actions into one lawsuit.
- Class actions claims/suits are practical for the plaintiffs. Class actions mean just one set of witnesses, one set of experts, one set of documents and one set of issues. This efficiency makes it less expensive and easier for one law firm to handle one case than having one or more law firms try multiple cases.
Many individual cases do not have enough damages to justify the time and expense to bring the cases separately. As an example, a bank might be charging illegal fees of $25 to $200 dollars to millions of customers. Because the damages are so small, it simply wouldn’t be worth the time and expense for a lawyer to bring a $200 lawsuit for each and every customer. One class-action case claiming several hundred million dollars on behalf of millions of clients is worth the time of the class members.
One recovery also means all the victims get a fair distribution of the damages. When there are multiple lawsuits, the first few plaintiffs to win may get all the insurance proceeds or all the assets of the defendant leaving little or no money for those who win their cases later.
- Class actions are practical for the courts because one lawsuit is also cheaper for the courts than multiple lawsuits. One lawsuit means just one judge and one courtroom. One class-action lawsuit also means that multiple cases won't clog up the court schedules.
- Another benefit of class actions for plaintiffs is that it levels the playing field. Defendant corporations are better situated to financially defend just one claim but when a common law Group and/or any of law firm brings a class action on behalf of many claimants, then the contest becomes a fair dispute. A defendant corporation that has to defend multiple claims is not only more likely to settle the class action but is more likely to really change its misconduct.
Stages of a Class action Lawsuit
Filing a lawsuit. Typically, a class-action lawsuit is started by filing a complaint that names at least one class claimant or representative, and that representative files the lawsuit on behalf of the entire proposed class. The defendant(s) will have a right to respond to the lawsuit. Defendants may object that the class-action requirements haven't been met or that the lawsuits would be better handled on an individual basis.
Obtaining Class Certification. Once the complaint is filed, the class representative will file a motion to have the court certify or approve the proposed class. To get approval of the class, the class representative and the law firm(s) representing the class representative must:
- Show that there is a proper legal claim against the defendant(s).
- Assign a lead plaintiff. The plaintiff who files the lawsuit, normally the class representative, needs to be formally approved as the lead plaintiff when the class is certified. The lead plaintiff will hire the class-action law firm, file the lawsuit, consult with everyone who has an interest and agree to any settlement. The lead plaintiff must be a typical member of the class, have no conflict with other class members and have the ability to represent the class.
- Prove that the class is large enough. This means that there are enough similarly injured people as the lead plaintiff. If the injuries for each member of the class are different, this might invalidate the class.
Provide notice to members of the class action. In most cases, once the lawsuit is certified as a class action and a notice must be sent to all individuals who could be considered part of the class. The Notice shall be sent by direct mailings to the known claimants as well as through the media outlets and through the Internet, including social media.
Allow for opting in and opting out. Membership in the class is generally automatic, but everyone who was injured usually does have the right to opt out of the lawsuit. The right to opt out should be set forth in the notices. Sometimes injured victims can opt out of the lawsuit. Other times, they are limited to opting out of any settlement. Injured victims who have different injuries from the other class members, lost more money than the other class members or who want more control over the case may want to opt out of the class action because they may try the case or negotiate a settlement themselves. Once the class is certified and the notice period is complete, the lead claimant/plaintiff will proceed with his/her case against the defendant(s). The case will then proceed to a decision by a judge or by a jury or a decision on appeal – unless a settlement is reached.
If a verdict or a settlement is reached, all members of the claim must be notified. If a settlement is reached, injured victims will normally be notified that they can opt out of the settlement if they file proper and timely notice. Once the opt-out period has expired and the settlement proceeds have been paid or implemented, the lead claimant/plaintiff and the lead claimant's/plaintiff's counsel will arrange for payment to all eligible victims.
Paying and distributing the damages. Typically, the law firm representing the plaintiff gets a percentage of the agreed sum first, the lead claimant/plaintiff gets paid second (normally a higher share than the other members of the class because of the extra work the lead claimant/plaintiff did in handling the class-action case) and then the members of the class get paid. All settlements must be approved the presiding judge.
With the Political Arena so corrupted these days, the people have to know they have the power!
What is Corruption in the Public sector
We define corruption as the abuse of entrusted power for private gain.
Corruption erodes trust, weakens democracy, hampers economic development and further exacerbates inequality, poverty, social division and the environmental crisis.
Exposing corruption and holding the corrupt to account can only happen if we understand the way corruption works and the systems that enable it.
Corruption can take many forms, and can include behaviours like:
- public servants demanding or taking money or favours in exchange for services,
- politicians misusing public money or granting public jobs or contracts to their sponsors, friends and families,
- corporations bribing officials to get lucrative deals
Corruption can happen anywhere: in business, government, the courts, the media, and in civil society, as well as across all sectors from health and education to infrastructure and sports.
Corruption can involve anyone: politicians, government officials, public servants, business people or members of the public.
Corruption happens in the shadows, often with the help of professional enablers such as bankers, lawyers, accountants and real estate agents, opaque financial systems and anonymous shell companies that allow corruption schemes to flourish and the corrupt to launder and hide their illicit wealth.
Corruption adapts to different contexts and changing circumstances. It can evolve in response to changes in rules, legislation and even technology.
According to Wikipedia:
Corruption is a form of dishonesty or a criminal offense which is undertaken by a person or an organization which is entrusted in a position of authority, in order to acquire illicit benefits or abuse power for one's personal gain. Corruption may involve many activities which include bribery, influence peddling and the embezzlement and it may also involve practices which are legal in many countries. Political corruption occurs when an office-holder or other governmental employee acts with an official capacity for personal gain. Corruption is most common in kleptocracies, oligarchies, narco-states, and mafia states.[citation needed]
Corruption and crime are endemic sociological occurrences which appear with regular frequency in virtually all countries on a global scale in varying degrees and proportions. Recent data suggests corruption is on the rise. Each individual nation allocates domestic resources for the control and regulation of corruption and the deterrence of crime. Strategies which are undertaken in order to counter corruption are often summarized under the umbrella term anti-corruption. Additionally, global initiatives like the United Nations Sustainable Development Goal 16 also have a targeted goal which is supposed to substantially reduce corruption in all of its forms.
Public sector
Public corruption includes corruption of the political process and of government agencies such as tax collectors and the police, as well as corruption in processes of allocating public funds for contracts, grants, and hiring. Recent research by the World Bank suggests that who makes policy decisions (elected officials or bureaucrats) can be critical in determining the level of corruption because of the incentives different policy-makers face.
Judicial Corruption
Judicial corruption refers to the corruption-related misconduct of judges, through the receiving or giving of bribes, the improper sentencing of convicted criminals, bias in the hearing and judgement of arguments and other forms of misconduct. Judicial corruption can also be conducted by prosecutors and defense attorneys. An example of prosecutorial misconduct, occurs when a politician or a crime boss bribes a prosecutor to open investigations and file charges against an opposing politician or a rival crime boss, in order to hurt the competition.
Governmental corruption of the judiciary is broadly known in many transitional and developing countries because the budget is almost completely controlled by the executive. The latter critically undermines the separation of powers, because it fosters financial dependence on the judiciary. The proper distribution of a nation's wealth, including its government's spending on the judiciary, is subject to constitutional economics.
The judiciary may be corrupted by acts of the government, such as through budget planning and various privileges, and by private acts. Corruption in judiciary may also involve the government using its judicial arm to oppress opposition parties. Judicial corruption is difficult to completely eradicate, even in developed countries.
Military Corruption
Military corruption refers to the abuse of power by members in the armed forces, in order for career advancement or for personal gain by a soldier or soldiers. One form of military corruption in the United States Armed Forces, is a military soldier being promoted in rank or being given better treatment than their colleagues by their officers, due to their race, sexual orientation, ethnicity, gender, religious beliefs, social class or personal relationships with higher-ranking officers in spite of their merit.[36] In addition to that, the US military has also had many instances of officers sexually assaulting fellow officers and in many cases, there were allegations that many of the attacks were covered up and victims were coerced to remain silent by officers of the same rank or of higher rank.
Another example of military corruption, is a military officer or officers using the power of their positions to commit activities that are illegal, such as skimming logistical supplies such as food, medicine, fuel, body armor or weapons to sell on the local black market. There have also been instances of military officials, providing equipment and combat support to criminal syndicates, private military companies and terrorist groups, without approval from their superiors. As a result, many countries have a military police force to ensure that the military officers follow the laws and conduct of their respective countries but sometimes the military police have levels of corruption themselves.
Natural resources
Within less democratic countries, the presence of resources such as diamonds, gold, oil, and forestry increases the prevalence of corruption. Corruption includes industrial corruption, consisting of large bribes, as well as petty corruption such as a poacher paying off a park ranger to ignore poaching. The presence of fuel extraction and export is unambiguously associated with corruption, whereas mineral exports only increased corruption in poorer countries. In wealthier countries, mineral exports such as gold and diamonds are actually associated with reduced corruption. The international Extractive Industries Transparency Initiative seeks to create best practices for good governance of gas, oil, and minerals, particularly focusing on the state management of revenue from these resources. Any valued natural resource can be affected by corruption, including water for irrigation, land for livestock grazing, forests for hunting and logging, and fisheries.
The presence or perception of corruption also undermines environmental initiatives. In Kenya, farmers blame poor agricultural productivity on corruption, and thus are less likely to undertake soil conservation measures to prevent soil erosion and loss of nutrients. In Benin, mistrust of government due to perceived corruption led small farmers to reject the adaptation of measures to combat climate change.
Police Corruption
Police corruption is a specific form of police misconduct designed to obtain financial benefits, personal gain, career advancement for a police officer or officers in exchange for not pursuing or selectively pursuing an investigation or arrest or aspects of the "thin blue line" itself where force members collude in lies to protect their precincts, unions and/or other law enforcement members from accountability. One common form of police corruption is soliciting or accepting bribes in exchange for not reporting organized drug or prostitution rings or other illegal activities. When civilians become witnesses to police brutality, officers are often known to respond by harassing and intimidating the witnesses as retribution for reporting the misconduct. Whistleblowing is not common in law enforcement, one of the main reasons being because officers who do so, normally face reprisal by being fired, being forced to transfer to another department, being demoted, being shunned, losing friends, not being given back-up during emergencies, receiving professional or even physical threats as well as having threats be made against friends or relatives of theirs or having their own misconduct exposed, in response to reporting the misconduct of other officers. In America another common form of police corruption, is when white supremacist groups, such as Neo-Nazi Skinheads or Neo-Confederates (such as the Ku Klux Klan), recruit members of law enforcement into their ranks or encourage their members to join local police departments to repress minorities and covertly promote white supremacy.
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