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Class action law
suits are initiated by an attorney(s) and a lead plaintiff(s) on behalf of
a particular group of people (the "class".) Once the grievance is
filed, then the process very slowly moves along. A corporation
like Verizon uses this "discovery" period to do everything it can
to have the suit thrown out for any number of reasons. Many times
when it is initially unsuccessful, a corporate defendant (like Verizon)
will file numerous appeals which slow the process even further. Any
tactic which will delay, thwart or hold up the case will be used by a
conglomerate. It is their hope that the plaintiffs will become
financially exhausted, emotionally drained or that some new piece of
information or evidence will help them in avoiding a trial. If a class action
makes it beyond this point, then the people involved in the class are
contacted. The company's records are used to contact everyone who was affected
during the stated period of time. Usually a short note or post
card is sent that states you are part of the suit unless you indicate
otherwise. In other words, you are part of the suit without having
to do a thing. The only reason you might want to exempt yourself
from a suit is if you were planning on joining or initiating another one
on your own. At this point in the process, the suit would usually be settled
out of the courtroom. Seldom do these suits ever go to trial, and
when they do, it's often over much more than just money. Why?
For one, simple reason: image. Early in the process, most
everyone knows (particularly Wallstreet), that these cases almost never
reach a courtroom, but once they do, it can have severe
repercussions. What if it did go
that far? Well, instead of being forgotten about, suddenly the case
becomes front page news almost everyday. Information begins to surface
that the world suddenly takes an interest in instead
of only a few parties who would have been the only ones to hear
it. Most importantly however, the stock begins to be
affected...and that's where the problem is. For Verizon to pay tens
of millions of dollars in a court award is paltry, however when a stock
depreciates by $.50, $1.00, $3.00 per share because of some negative news,
it's a different game. If you do the math, you will soon realize
that it can cost the company (and shareholders) far more than it would
have cost to simply pay a lump sum out of court. Additionally, what
happens to senior staff when stocks drop? It does not look
good. What happens when senior staff do not look good?
Suddenly it may seem attractive to replace them. In the eyes of Verizon and other large conglomerates, an
admission or a verdict confirming that they are guilty of wrongdoing is
completely unnacceptable. This is why settlement agreements
always contain language that explicitly states that the settlement is not
any indication of guilt. Speaking of settlements.... So when the case is settled for an agreed upon sum, the attorney
makes a killing, the lead plaintiffs do very well and everyone else
receives a small check from what is left. How much does the average
person typically receive? Of course it depends on the settlement
amount, however it seldom goes above lunch at
McDonalds.
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