Nothing contained herein is intended to give legal advice. Individuals should always consult with an attorney before entering into a contract
Class and Collective Action Several federal statutes and most states have laws that provide for recovery to be made on behalf of a larger group or class when an individual action might not be worth processing in court. Laws providing for such recoveries, include mass torts, unfair trade practices, pharmaceutical FDA violations, consumer complaints about defective or dangerous products, wage violations including overtime or misclassification under the Fair Labor Standards Act, and other actions that have commonality of claims and sufficient class size. The claims often take years to work through the court systems and sometime have competing law firms seeking to represent similar classes. Sometimes the court refers such litigation to a court appointed Special Master to handle discovery disputes which could otherwise take an inordinate amount of the court’s limited time. Usually there is a point in the litigation when either the parties or the court determine that enough discovery has occurred such that each side should be able to evaluate the risks and exposure and that the parties should meet with each other and a mediator to facilitate a discussion of settlement. Large class actions often require both substantive knowledge of the statutory nature of the claim and the specialized rules of federal and/or state discovery rules pertaining to whether the claims are appropriate for class and/or collective treatment. The Mediators at Jay Daugherty Mediation have each been either judges or trial counsel in a wide variety of class and collective actions. All three, John Phillips, Jay Daugherty and Robert Schieber, have all mediated complex national class action cases and in most instances also served as special masters.
Nothing contained herein is intended to give legal advice. Individuals should always consult with an attorney before entering into a contract
Class & Collective Action Several federal statutes and most states have laws that provide for recovery to be made on behalf of a larger group or class when an individual action might not be worth processing in court. Laws providing for such recoveries, include mass torts, unfair trade practices, pharmaceutical FDA violations, consumer complaints about defective or dangerous products, wage violations including overtime or misclassification under the Fair Labor Standards Act, and other actions that have commonality of claims and sufficient class size. The claims often take years to work through the court systems and sometime have competing law firms seeking to represent similar classes. Sometimes the court refers such litigation to a court appointed Special Master to handle discovery disputes which could otherwise take an inordinate amount of the court’s limited time. Usually there is a point in the litigation when either the parties or the court determine that enough discovery has occurred such that each side should be able to evaluate the risks and exposure and that the parties should meet with each other and a mediator to facilitate a discussion of settlement. Large class actions often require both substantive knowledge of the statutory nature of the claim and the specialized rules of federal and/or state discovery rules pertaining to whether the claims are appropriate for class and/or collective treatment. The Mediators at Jay Daugherty Mediation have each been either judges or trial counsel in a wide variety of class and collective actions. All three, John Phillips, Jay Daugherty and Robert Schieber, have all mediated complex national class action cases and in most instances also served as special masters.
Nothing contained herein is intended to give legal advice. Individuals should always consult with an attorney before entering into a contract
Several federal statutes and most states have laws that provide for recovery to be made on behalf of a larger group or class when an individual action might not be worth processing in court. Laws providing for such recoveries, include mass torts, unfair trade practices, pharmaceutical FDA violations, consumer complaints about defective or dangerous products, wage violations including overtime or misclassification under the Fair Labor Standards Act, and other actions that have commonality of claims and sufficient class size. The claims often take years to work through the court systems and sometime have competing law firms seeking to represent similar classes. Sometimes the court refers such litigation to a court appointed Special Master to handle discovery disputes which could otherwise take an inordinate amount of the court’s limited time. Usually there is a point in the litigation when either the parties or the court determine that enough discovery has occurred such that each side should be able to evaluate the risks and exposure and that the parties should meet with each other and a mediator to facilitate a discussion of settlement. Large class actions often require both substantive knowledge of the statutory nature of the claim and the specialized rules of federal and/or state discovery rules pertaining to whether the claims are appropriate for class and/or collective treatment. The Mediators at Jay Daugherty Mediation have each been either judges or trial counsel in a wide variety of class and collective actions. All three, John Phillips, Jay Daugherty and Robert Schieber, have all mediated complex national class action cases and in most instances also served as special masters.