12 Steps of a Class Action Lawsuit

By : B Baker
Thousands if not millions of claims might flood the court system without the ability to file together in a class action lawsuit. Filing together in a class action suit not only allows for the courts to be less burdened, but it also encourages corporate defendants to behave in a more responsible behavior.

A class action lawsuit is a lawsuit filed by one or more plaintiffs, who are also known as the "named plaintiffs", on behalf of others who have a similar legal claim. A class action lawsuit allows individuals to join together as a group and all file one lawsuit against a common defendant. These type of lawsuits also allow for attorneys fees and all other costs of litigation to be shared among all plaintiffs, instead of one or a few individuals having to pay the cost, which can be a great deal of money, all alone. Class action lawsuits are an important legal right for all consumers, and are a very important part of our judicial system and its ability to function efficiently. Thousands if not millions of claims might flood the court system without the ability to file together in a class action lawsuit. Filing together in a class action suit not only allows for the courts to be less burdened, but it also encourages corporate defendants to behave in a more responsible behavior.

There are 12 Steps of a Class Action Lawsuit

Filing - Case Initiated - A complaint is filed by the attorney(s) on behalf of the plaintiff(s).

Response - The defendant(s) respond(s) with an answer, motion to dismiss or other legal pleading.

Discovery - Both sides disclose evidence to each other that supports their respective cases.

Certification Request - Plaintiff(s) file(s) a motion to certify the case as a class action.

Certification Opposed - Defendant(s) file(s) opposing briefs to the plaintiff(s) motion for class certification.

Class Action Certification - Judge certifies or denies the class action (if the judge denies, the case can continue as individual lawsuit(s) filed by the plaintiff(s).

Notification - If certified, notification of class action to prospective claimants, who must choose whether to stay in the case or file their own individual case.

Trial - Case is either set for trial, in trial, or has been tried before a judge or jury.

Appeal - A judgment of the trial court has been appealed to a higher level court.

Settlement Phase - Deadline is set for class action members to submit claims with supporting documentation.

Pay Out - Proceeds are distributed to class members.

Dismissed - A case can be dismissed at any point during the ten-stage process. This is not actually a stage, but the end of the process. This means that the case has terminated, at least for now, without the plaintiffs receiving any relief. The plaintiffs may have voluntarily dismissed the case, or the court may have ordered the case to be dismissed. Depending on the circumstances, the plaintiff may be able to file the action again later.

NOTE: The steps outlined above are only meant as a general guide, and may not be applicable to all class action cases. Some class actions will proceed to trial when settlement between the parties cannot be reached.



Article Source: http://www.articles4free.com


Class Action America is committed to providing YOU with the information and access you need to find out if you are eligible to claim your share of billions of dollars distributed yearly through thousands of class action lawsuits.

Keep a Secret - It's the Law!

By : Laura Adams
Trade-secret law has become more important as our modern workforce has become more mobile. The law is necessary to protect the owners of proprietary company information.

A trade secret is company information you have that's not readily available to the general public. It's knowledge you've gained about what gives your company a competitive advantage over other businesses within the industry.

Anything that makes a company unique or that a competitor would find valuable in creating a competitive advantage may be considered a trade secret.

When changing employers, especially within the same industry, you need to give some thought to the trade secrets that you posses.

A trade secret can take on many different forms such as the following:

- Customer lists

- Product formulas

- Operational processes

- Sales techniques

- Pricing

- Software

To determine what is or is not a trade secret, the following criteria must be considered:

1. the extent to which the information is known outside the company

2. the amount of resources spent to create or develop the information

3. the ease of duplicating the information

4. the value of the information to the business owner and competitors

5. how much effort is made within the company to keep the information secret

Many employers ask employees to sign an agreement called a Non-Disclosure Agreement, or NDA, immediately upon hire. The purpose of these agreements is to inform workers about what is considered a trade secret within the business.

An NDA specifically restricts the disclosure or use of trade secrets during and after employment. But most U.S. states prohibit the misuse of trade secrets, even if you did not sign a Non-Disclosure Agreement.

Unauthorized use or disclosure of an employer's trade secrets is unlawful in most states during and after employment. So, even if you are fired from a job, you can not disclose your former employer's trade secrets to competitors or to a new employer.

If a former employer can prove that an ex-employee's new job will lead him or her to rely on their trade secrets, a court can enjoin the employee from working for a competitor for a limited period of time.

One example is the case of a former PepsiCo employee who was privy to confidential marketing plans for distribution and pricing of one of their drink products, All Sport. He went to work for Quaker Oaks, who sold Gatorade.

A court found that the former employee would have to rely on PepsiCo trade secrets and prohibited him from working at Quaker Oaks for 6 months.

The theft of trade secrets is a serious matter that carries the risk of civil as well as criminal penalties.

Under the Economic Espionage Act, an individual can be prosecuted under federal law with penalties of 15 years in prison and $500,000 in fines and restitution.



Article Source: http://www.articles4free.com


Laura Adams is the host of the popular MBA Working Girl Podcast. The content combines brainy business school theory with real-world business practice from her career as a business owner, manager, consultant and trainer. Subscribe for FREE to this top-rated show and get the useful MBA Essential Tip at www.mbaworkinggirl.com

The Truth Behind Some Cheesy Lawyer Tv Ads

By: Christopher Davis
Did you know that here are companies that offer prewritten and pre-shot TV commercials for personal injury attorneys? You've probably seen one of these canned ads. Sometimes a famous actor is used (such as William Shatner or Eric Estrada or someone who plays a lawyer on a popular TV show). Other times an attractive man or woman is shown speaking behind a desk, standing in front of a shelf full of law books. or holding a legal book, standing in a courtroom, or doing something else to make them look like a lawyer. Attorneys can buy these ads and then have their name, phone number and web address inserted into the ad.

The ads usually go something like--If you've been in an accident, get the money you deserve. Speak to an attorney for free. Call 1-800-XXXXXXX. The ads are running all over the US in large cities and small towns.

They often target specific types of cases such as car accidents, asbestos, medical malpractice, workmens compensation, trucking accidents, divorce, family law, etc.

What you need to know is that if you respond to one of these ads more often than not your call will be routed to a call center where operators answer the calls. Or to an out-of-state law office that then hands off your case to one of its in-state associates. In either scenario the attorney that you actually end up speaking with may or may not have the skills and experience that you need. Your call is being routed to the next attorney in line, so to speak.

The next in line is an attorney who has paid a fee to be a part of the network. Any attorney with enough money can pay to be on the list, including attorneys who have never tried a case in court. Many times the attorney who has paid the fee is not necessarily the best lawyer for your case.

I'm not saying that all attorneys who use TV advertising are inexperienced or that all attorney ads are routed in this way. Do your home work to figure out the difference and find the right attorney for your case. Search the web, read articles, visit websites, watch videos, talk to friends, and visit more than one attorney's office before you make your final decision. You should not rely on TV advertising alone when choosing a lawyer.



Article Source: http://www.articles4free.com


Christopher M. Davis is the founder of the Davis Law Group. He brings over 15 years of practical yet innovative experience to personal injury cases. He practices law in Seattle, WA. www.InjuryTrialLawyer.com. Mr. Davis is the author of "The Ten Biggest Mistakes That Can Wreck Your Washington Accident Case" comlimentary copies are availalbe at www.washingtonaccidentbook.com

Rain Sensors? In Most States It's The Law!

By: Craig Borglum
Automatic sprinkler system controllers are programmed to go on and off on a certain day and at a certain time. The controller does not know if it is sunny and dry outside or raining.

For this reason every lawn sprinkler system should have a rain sensor. The rain sensor determines whether or not enough rainfall has occurred in order to skip an irrigation cycle.

There are 3 basic types of rain interrupters. They all serve the same purpose: keeping your system from over-watering the turf or your garden. How does it do that?

The electrical connection between the sensor and your sprinkler system controller is interrupted when a certain amount of rain triggers the device. The sensor breaks the electrical connection so that electricity cannot flow to either the sprinkler valves or to a pump start (if your system is on a well without a pressure tank).

One type breaks the connection by weighing the water in a rainfall collection cup. The problem with this type is that leaves, sticks, or the occasional lizard will find its way into the collection cup and therefore turning off the system.

The next type uses electrodes to determine how much water is in the collection cup. This kind of rain sensor device also has a system problem of collecting things other than rainfall in the collection cup.

The expansion disk type seems to be the most popular. This kind of sensor does not use a collection cup; instead rainfall causes cork disks to expand. This device uses a pressure switch to break the electrical connection. These can be adjusted in increments of ¼" to the desired rain fall setting. These adjustments can be configured to kick in from 1 to a 1/2" of rain has fallen.

The most important aspect of installing a rain sensor is where to place it. It should be installed in an area that is unobstructed by trees, roof over hangs, or anything else that might block rain from getting to the sensor.

If it is a wired sensor, placement is generally near the sprinkler controller. The wires should be connected inside the controller's valve wiring panel. This allows for easier electrical trouble-shooting of the system as the sensor can be easily disconnected.

In the last few years, FM wireless rain sensors have become very popular. Although they are more expensive than the wired devices, the ease of installation and increased placement options offset the cost. Most wireless units come with by-pass switches built into the device.

Some digital controllers also offer by-pass options for both wired devices and wireless rain sensors. No matter the type of rain sensor type that you choose, all rain sensors offer many advantages over not adding this detector to your automatic sprinkler system.

Some of the immediate and long term benefits include:

- Saves Money. Whether you pay for city water or spend electricity running a pump, the money you save over time will more than pay for the rain sensor.

- Extends Sprinkler System Life Span. Sprinklers are made up of gears and other parts that move. If the system parts are utilized less frequently (during the rainy season), they last longer.

- Protects Water Resources. By limiting the over use of your sprinkler system, rain sensors reduce excess water run-off that carries fertilizers and pest control chemicals into our shared water supply.

- Conserves Water. Less water is wasted when less supplemental water is needed for your turf and in your garden.

How much money can you save with a rain sensor device? It will vary based on your water source (city, re-claim, or well) and where you live (water costs, electrical rate, climate).

Here is one example that demonstrates the benefits listed above: Seminole County, Florida. System Description:

Intended to sprinkle a 1/4 acre of turf calibrated to precipitate a half inch" of water every time the system runs.

- This schedule would equal 6,788 gallons per irrigation cycle.

- This system (on City Water) pays $2.30 per thousand gallons.

- Every time the rains sensor interrupts a sprinkler cycle, you would save $15.61

According to a recent study in Florida, the use of a rain sensor device averaged a 45% savings in water for single-family residential water usage. The next time you see a sprinkler system running in the rain, you now know it doesn't have to be that way. Rain sensors save money, save our environment and save water.



Article Source: http://www.articles4free.com


Craig Borglum CID/CIC/CLIA is a specialist in sprinkler system troubleshooting. A novice friendly yet expert rated DIY sprinkler repair DVD is available at www.IrrigationRepair.com

Tips On Divorce Filing - Getting Yourself A Good Lawyer

By: Allison Thompson
When it comes to filing for divorce from your wife this is a decision which should not be taken lightly. It is therefore important that you also take time over deciding who will act as your legal representative to ensure that things go as smoothly as possible. Below we offer a number of tips on divorce filing which will help you in finding the right lawyer who can act for you during such a stressful period.

1. When you are choosing the lawyer to act for you it is best not to use the one you are currently employing. Instead it is far better if you employ the services of a specialist divorce lawyer. Not only will they know the divorce processes inside out but will ensure that everything is carried out in accordance with the divorce laws where you live.

2. Even before you select the person you wish to act for you during your divorce proceedings it is best that you make appointments to see several. It is important to remember that you will be telling this person about very personal and intimate details of your life with your partner. It is best that you choose one that you feel comfortable with and who is going to listen to what you have to say.

3. When it comes to finding the right lawyer who will act on your behalf during your divorce proceedings you need to check out what experience they have. This is especially important if you find that things can not be settled easily and it needs to be settled in court. So look for a lawyer who actually has the experience of being in a courtroom situation and so will understand exactly all the procedures that will take place.

If they are willing to arrange for them to provide you with any kinds of testimonials or references from clients who they have acted for before. This will then provide you with further proof and comfort knowing just how good they are at what they do, especially during a time that is going to place additional stress on you.

4. It is important before you select your lawyer that you find out what they charge for acting as your legal representative during this time. If they are unwilling to offer up any kind of information or are very vague about what they will cost then walk away and look elsewhere for your lawyer.

Yet you should not choose a lawyer to represent you when you are filing for divorce just because they are cheaper than the others you have considered. In some cases this could actually cause you a lot of heartache in the future, especially if they have little or no experience of divorce proceedings. It is far better to pay that little bit extra and go with one who knows what they are doing.

5. Finally, as previously mentioned when it comes to finding the right lawyer you need to know that you can trust them implicitly. So even if you find a lawyer who not only has the right amount of experience and offers a good fee structure, but you do not feel comfortable when talking about personal matters then go with someone else instead.

Finally, it is ideal if you choose a lawyer who you feel that you can have a good working relationship with (not one who is a friend) as this will ensure that the whole process is a lot less stressful. So keep the tips on divorce filing for finding the right lawyer in mind and you will find the right person who can represent you properly.



Article Source: http://www.articles4free.com


Above we have offered some very helpful tips on divorce filing to make the whole process a little less complicated. If you would like to find out more about all aspects relating to divorce issues then click here DivorceTipsForHim.com.