This is a difficult question to word, so please bear with me.
Let’s say, a penal institution was hit with a class action lawsuit by inmates who were subjected to testing that was “bad” for lack of a better word.
They (the people or class filing the suit) win a sizeable judgement.
After they win, do other people, who have undergone the same treatment, but who were NOT a part of the initial suit, have any chances of any recovery of any of the judgement that was entered against the defendant?
My husband seems to think that after the verdict is in and the issue is settled, they can still request recompense based on the verdict.
I think he’s wrong. I think that only the people in the initial filing (who were listed as plaintiffs as part of the class action) get anything.
IANAA but I think you would have to get a copy of the complaint and the certification of the class and determine whether or not you are a member. Not everyone who is a member of a class can be determined before the case is tried or settled. Sometimes the judgment that is awarded is not even directly given to the plaintiffs because it is impossible to accurately determine who they are. I would guess that the only way that you would definitely not be a member of the class is if you specifically opted out of the suit before it was filed. Have you tried contacting the law firm that conducted the lawsuit?
A typical class action lawsuit has several named plaintiffs (say, six, though the number varies widely) who ostensibly represent a class of similarly situated folks. If and when it is decided they indeed represent that class, a procedure will be established for the others to assert their claims. Sometimes this happens before verdict, more often after. IOW, hubbie is right in substance, though the logistics are a little more complex.
Now, suppose the class was defined as inmates incarcerated from 1976 to 1982. Can a 1987 inmate claim? Not directly. But, if s/he brings a separate lawsuit (personally or as another class action), the fact that the test has been judicially determined to be “bad” generally would be binding against the defendant in the second suit because of something called collateral estoppel.
Depends on which kind of class action lawsuit is filed. The Federal Rules of Civil Procedure, Rule 23, governs class actions suits:
• 23(b)(1) actions: A class action under this section is allowed if individual actions by members of the class could create the risk of either inconsistent decisions that would establish incompatible standards of conduct for the opposing party, or create the risk of impairing the interests of persons who are not actually a party to the individual actions. Members of the class of persons sharing a common interest (in this case, the prisoners who have undergone the same treatment) may not “opt out” of the class, and so will be bound by the disposition of the class action.
• 23(b)(2) actions: This type of class action is used when the opposing party has acted, or refused to act, on grounds generally applicable to the class. This type of class action asks the court to order the opposing party to either do something or not to do something. (In this case, the action would presumably seeking an injunction against the state to stop treating prisoners without their permission.) It is not for money damages. Members of the class may not “opt out”.
• 23(b)(3) actions: The most common type of class action. It is for monetary damages, and members of the class may opt out. Two requirements for the court to allow this type of class action: “that the questions of law or fact common to members of the class predominate over any questions affecting only individual members”, and “that a class action is superior to other available methods for the fair and efficient adjudication of the controversy.” This is the only one of the three types of class action suits in which the Federal Rules explicity require the giving of notice of the pending suit to members of the class. The disposition of the class action, favorable or unfavorable, will affect each member of the class, unless the individual member excludes himself.
I should add that 23(b)(2) class action suits are usually civil rights cases. The type of class action suit you described above with the prisoners would probably be a 23(b)(3).
Another thing: none of the three types of class action suits requires that each member of the class be named in the suit. The named plaintiffs in the class action are only a small number of representative members of the class. The representatives must “fairly and adequately protect the interests of the class.”