How Class Action Lawsuits Can Turn Public Against Defendants

The volumes written on legal theory literally fills untold libraries all over the world. Whereas popular convention holds that mercantilism is one of the oldest professions in human civilization, the truth is that arbiters of the law have long held the practice of creating and debating matters of legal scholarship and are right there on that list as well. In addition, they have been doing it for a very long time. This is not to equate any of them with each other, of course. However, the simple fact is that, with matters of the law, there is a long and healthy body of work available for the examination of just about any situation that you might imagine that could come up in a court of law.

One of the most interesting and perhaps most pressing concerns in contemporary legal scholarship today is the growing concern over the level and the extent to which public opinion works to influence juries prior to trial, and whether this inhibits the ability of the defendants to receive a fair and equal trial in a court of law. In addition, while it may not necessarily seem like the type of case that fits into this conversation, the fact is that nothing typifies this concern more than the typical class action lawsuit filed a by group of plaintiffs against a particular corporation or municipal entity.

Class Action Suits, By Their Very Nature, Imply Guilt or Responsibility of the Defendant

One of the biggest problems is the fact that, by their very nature, a large group of plaintiffs gathering together to sue a particular company or municipal entity implies that the defendants in question must have done something wrong, or they must have done something to deserve the legal scrutiny. The problem with this line of thinking is the fact that most of the plaintiffs that join the average class action lawsuit do so because they simply got a letter in the mail, and they figure they may have something to gain financially out of joining. They did not necessarily feel violated, nor did they actually suffer any measurable damage, injury or loss. Rather, they just “went with the flow” while filling out a form and mailing it in.

Class Action Suits Force Defendants into Settlement Negotiations Regardless Of Guilt

Because of this fact, defendants are often forced to enter into settlement negotiations that they do not necessarily need to commence with, if only to save face and keep the news of the class action suit off of the front page headlines as best as they can. Often, a company may not be guilty of any kind of negligence or for creating any kind of defective product, but due to the organization of a class action case, they have to pay out huge lawsuit settlement amounts.

Public Perception of a Company Forces Many Premature Settlement Negotiations As Well

In addition, the reason that these defendants are forced to do this is because they need to maintain reasonably good standing in the court of public opinion. If a defendant drags out the proceedings through an entire trial, just to lose anyway, they stand to lose a lot of face in the public sphere.

About the Author:

Mike Goldman is the author of this article on Lawsuit settlements. Find more information about Accutane lawsuit settlements here.