The U.S. Supreme Court Will Soon Decide Whether Defendants In Class Action Lawsuits Can Head Off Claims by Merely Offering to Settle With Representative Plaintiffs
The attorneys of Wright & Schulte LLC, a leading law firm that represents plaintiffs in class action lawsuits, are extremely concerned about an upcoming U.S. Supreme Court case that has the potential to drastically alter consumers’ existing legal rights. If the High Court should rule in favor of big business, class action lawsuit defendants would be able to head off clams simply by offering settlements to representative plaintiffs. (Case No. 14-857)
The case before the Court, Campbell-Ewald Co. v. Gomez, involves a class action lawsuit filed under the Telephone Consumer Protection Act. The defendant, a naval contractor, was accused of sending naval recruitment messages to about 100,000 people in 2006 without their consent. The defendant has argued that the lead plaintiff’s claims were rendered moot because it had offered full restitution for his alleged damages. The Ninth Circuit Court disagreed with Campbell-Ewald’s reasoning, but other federal circuits are split on the issue. The U.S. Supreme Court will now have the final say.
“We are extremely concerned about this case, as the Supreme Court’s more conservative members have been chipping away at consumers’ class action rights for years,” says Wright & Schulte LLC. “If big business gets its way yet again, class action defendants would simply need to offer large settlements to representative plaintiffs to stop a claim in its tracks.”
Wright & Schulte LLC is currently representing clients in multiple class action lawsuits against manufacturers of defective medical devices and harmful prescription drugs that include:
- Testosterone Lawsuits alleging manufacturers of AndroGel, Testim, and other new their low testosterone treatment drugs could cause heart attacks and stroke.- MDL No. 2545
- Syngenta GMO Corn Lawsuits alleging corn farmers suffered financial losses due to Syngenta’s marketing of Agrisure Viptera GMO and China’s Ban of U.S. corn shipments – MDL No. 2591
- Laundry Pod Poisoning Lawsuits alleging children and the elderly were seriously injured and even died after ingesting liquid laundry pods. – A14068580
- Zofran Lawsuits Allege GlaxoSmithKline, Knew About potential birth defects associated with its Anti-Nausea Drug but illegally promoted Zofran for Off-Label use to expectant mothers and doctors – MDL No. 83
- C8 Lawsuits alleging residents developed serious illnesses such as kidney cancer, testicular cancer, thyroid disease and other serious illnesses after consumption of contaminated drinking water. – MDL No. 2433
- Vaginal Mesh Lawsuits alleging thousands of women have suffered serious side effects after they received the bladder mesh implant. – L-6339-10
- Skechers Injury Lawsuits alleging hundreds of men and women suffered knee, ankle fractures and other serious injuries due to the design of Skechers Shape-ups – MDL 2308
- Hip Replacement Lawsuits against multiple manufacturers alleging metalosis and revision surgeries. – MDL 2197
In an Amicus Brief, Public Justice asserted that a ruling in favor of Campbell-Ewald would give corporate defendants leave to bribe their way out of class action lawsuits. “We agree with Public Justice’s characterization. Lead plaintiffs in class action lawsuits are supposed to stand with their fellow class members,” says Wright & Schulte LLC. “If Campbell-Ewald gets its way, even if a class representative does their ethical duty and rejects an individual settlement, the entire lawsuit would be dismissed.”
Wright & Schulte LLC points out that class action lawsuits are often the only economically feasible way consumers can obtain restitution from large corporations that engage in wrongful conduct. A Supreme Court ruling in favor of corporate defendants would deny millions of people harmed by corporate malfeasance of their sole avenue for legal recourse.
About Wright & Schulte LLC
Wright & Schulte LLC, an experienced personal injury firm, is dedicated to the belief that America’s legal system should work for the people. Every day, the attorneys of Wright & Schulte LLC stand up for the rights of people who have been injured or wronged and fight tirelessly to ensure that even the world’s most powerful corporations take responsibility for their actions. If you’re looking for a law firm that will guarantee the aggressive and personal representation you deserve, please do not hesitate to contact Wright & Schulte LLC today. Free case evaluations are available through yourlegalhelp.com or by calling 1-800-399-0795.
Wright & Schulte LLC
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Vandalia, Ohio 45377