Class Action Litigation

Current Class Action Lawsuits

Here is a list of the current class actions and mass torts being handled by Diamond and Diamond:

What is a Class Action Lawsuit?

A class action is where one person represents an entire class of people that have been affected in a lawsuit.  By pursuing one claim instead of multiple claims, class actions can be more cost effective for the group.  This promotes access to justice for all Canadians who have been a victim.  The issue with a class action is that the issues have to be quite common.   If the issues are too diverse, the matter often becomes a Mass Tort.  If you or a loved one may be part of a class action lawsuit call us today at 1-800-567-HURT.

Class actions are settled on mass which means the settlement binds all of the members of the class.  Members of the class have the option to opt out of the class and pursue their own legal action.  However, if you do not opt out, you are deemed to be part of the class.

What is a Mass Tort?

A mass tort does not have one representative plaintiff, rather multiple lawsuits that are settled on an individual basis.  A mass tort allows the individual to have complete control over their own case and can decide their own settlement.  The common denominator is that the defendant is usually the same in all mass torts.  If you or a loved one may be part of a mass tort lawsuit call us today at 1-800-567-HURT.

FAQ Class Action Litigation

What qualifies as a class action lawsuit?

A class action lawsuit is qualified if it is brought collectively by a large number of people who harbor the same legal complaint against the same defendant. Products liability is a common area in which class action lawsuits are commenced.

How long does it take to receive payment from class action lawsuit?

Although each case is different, a typical class action will take at least 2-3 years. But assuming there are no further appeals, class members generally receive payment about 6 to 9 months after a settlement agreement is submitted to the court for preliminary approval.

Do you pay taxes on a class action settlement?

Class action settlement proceeds are treated like proceeds from any other lawsuit. The IRS treats settlements for physical injury or sickness as non-taxable as long as the claimant did not receive a tax benefit by deducting the related medical expenses on previous years’ tax returns. But claims asserted by a small business in a class action will generally be economic in nature, and may be taxable.

What is a representative plaintiff?

A representative plaintiff is the person who addresses the Court in the name of the other members they wish to represent. If the Court certifies the class action, this person becomes the group representative.

How do I know if I am a class member?

When a class action lawsuit is certified, the judge will provide a Class Definition. The Class Definition will explain who may qualify to benefit from the class action lawsuit. In most class action lawsuits, it is easy to figure out who belongs in the class.

If I am a class member, how do I join the class action lawsuit?

To become a member in a class action lawsuit, you must be identified as someone who has suffered similar damage. Sometimes, the damage is limited to a small amount of financial impact, which the potential Class Member might not even realize has occurred.

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