Class Action Suit Question ny

[cynyc]

If I start a class action suit with a couple of other people named in the suit (assuming one person can't do it) would I wind up with the same 30 cents as everybody else affected?

[Kimmy_Gibbler]

Originally Posted by cynyc

If I start a class action suit with a couple of other people named in the suit (assuming one person can't do it) would I wind up with the same 30 cents as everybody else affected?

An action with three or four plaintiffs isn't going to meet the numerosity requirement for class certification. You have to allege the existence of class sufficiently large that joinder of the plaintiffs into one regular civil action is impracticable.

[lawbuff]

Originally Posted by cynyc

If I start a class action suit with a couple of other people named in the suit (assuming one person can't do it) would I wind up with the same 30 cents as everybody else affected?

You first have to comply with the Rules to get it Certified Class Action. Assuming it is a federal complaint, Rule 23 must be Plead. The Court can still deny a certification.

I suppose you are asking do you get more because you initiated the complaint, and the answer is no. I believe I am correct in that. Damages are spread out by # of defendants.

http://www.law.cornell.edu/rules/frcp/rule_23

[BottledBlondJeanie]

I am not your lawyer and not licensed in NY. This is not legal advice.

Generally, as mentioned, you have to assume the putative class is certified. To be a representative plaintiff you must not have any major conflicts with the class including a guaranteed right to a greater percentage of the award.

But, as a representative plaintiff, you may be entitled to an incentive award. Here's a study showing that about 28% of class actions awarded them: http://scholarship.law.cornell.edu/facpub/355/ Keep in mind incentive awards are not like costs/expenses incurred.

Incentive awards are somewhat discretionary depending on your theory of recovery and must be approved by the class. In certain class actions there's also some degree of notoriety, but that's usually for cases like securities litigation, not $.30 matters.

[cynyc]

Awwww maaannnnnnnnnnnn. Almost sorry I asked.

Here's the situation:

NYC employees active and retired get a certain health insurance. Even Bellvue Hospital, a NYC public hospital renowned for turning away no one won't take it (or their own employees insurance I reckon.)

An NYU related facility that provides a service that my son needs takes "no commercial insurance."

However, they'll take "straight Medicaid."

(Gritting teeth now.)

[Kimmy_Gibbler]

Originally Posted by cynyc

Awwww maaannnnnnnnnnnn. Almost sorry I asked.

Here's the situation:

NYC employees active and retired get a certain health insurance. Even Bellvue Hospital, a NYC public hospital renowned for turning away no one won't take it (or their own employees insurance I reckon.)

An NYU related facility that provides a service that my son needs takes "no commercial insurance."

However, they'll take "straight Medicaid."

(Gritting teeth now.)

Ah, the infamous tort of "Ain't that just shitty" ....... Alas, it rarely survives a motion to dismiss.

[BottledBlondJeanie]

Why sorry you asked? Now that you've delved into specifics and an actual situation, board lawyers will almost certainly stop responding.

But, your original question has been answered. It depends. Isn't the law fun?

[cynyc]

That was rude of me. Please accept my apology. I forgot to add the part that I could hardly understand what anyone was saying--at least on my first read.

How long do people have to put up with "it sucks, ain't it awful?..." Or how do they stop the suckiness, except to move out of the country.

Originally Posted by BottledBlondJeanie

Why sorry you asked? Now that you've delved into specifics and an actual situation, board lawyers will almost certainly stop responding.

But, your original question has been answered. It depends. Isn't the law fun?

[BottledBlondJeanie]

That's cool.

I have no idea if there's a legal theory that supports such a claim, but the key is to find a law firm that has enough pull to swing such an undertaking and has significant interest in healthcare/insurance. It needs to be ultimately lucrative to the attorneys. Class actions are expensive!