How Long Class Action Lawsuits Take

The question of how long do class action lawsuits take is a complex one, and there is no definitive answer as much depends on the nature of the case. Ideally, lawyers for the plaintiffs are able to achieve a settlement before the case goes to trial, but even this can take between nine months and a year. Cases that wind up going to trial can go on for two years or more.  In many situations, there are several advantages to a class action as opposed to filing several individual lawsuits, but speeding up the process is often not among them.

What Determines How Long a Class Action Will Take to Resolve?

There are numerous factors that come into play with any litigation, and class action lawsuits are no exception. One factor is the size of the class; if there are only a few dozen plaintiffs (or fewer), the process is less cumbersome and may go more quickly. On the other hand, many class action lawsuits include hundreds or even thousands of plaintiffs. As a result, resolving such a case, whether by negotiating an out-of-court settlement or through a jury verdict, can take several years.

One factor that can cause class actions to drag out longer are procedural delays, which are common in virtually any type of litigation. If there are many disputes over the facts of the case, they can add to the amount of time necessary to determine a class action lawsuit.

How Long Do Class Actions Take to File, and What Are the Steps?

The various steps that must be taken in filing and establishing a class action is one reason they can take so long to resolve. Regardless of the number of plaintiffs, every class action lawsuit must proceed through specific steps, each of which requires time to complete.

Like individual lawsuits, a class action typically starts out with a single plaintiff, or a small number of people with a common cause of action. The one who originates the class action is known as the “lead plaintiff.” This person winds up working closely with counsel, is expected to attend all court proceedings and essentially serve as the spokesperson and representative for all the others, whether they are a dozen or 5,000.

Once the lead plaintiff retains counsel and the lawsuit is filed, they must petition the court to certify the case as a class action.  This means that the court must decide if a class action is the best option for managing several claims. The point here is to determine whether or not the various individual complaints have enough in common to justify joining them all into one lawsuit. The requirements for class certification vary from one jurisdiction (state) to another, but generally there must be:

• a number of plaintiffs so large that it would be impractical to hear their cases individually.
• commonality: the questions of law and the cause of action must be similar enough across all claims, ensuring efficiency.
• a typical claim: the lead plaintiff’s cause of action should be typical, or representative of those of every other Class Member.
• ability on the part of the lead plaintiff and counsel to protect the interests of Class Members in a fair and adequate manner.
• a clear definition of the Class: in other words, the ability to discern who qualifies to join the class action and who does not.

What if My Interests Are Different From the Rest of the Class?

In some cases, certain parties to a class action lawsuit have different interests or causes of actions in the case that are nonetheless related in some way to the main issue.  In this case, the court may establish subclasses of plaintiffs – each of which will require its own lead, or representative plaintiff.

What Is “Multi-District Litigation” and How is it Different From a Class Action?

Multi-district litigation (MDL) is more commonly known as a “mass tort.” Like a class action, a mass tort involves a large number of plaintiffs with a common cause of action, or reason for taking legal action. All cases are bundled, or consolidated into a single action so as to make more efficient use of judicial resources and reduce the number of cases when multiple plaintiffs have the same basic grievance.

The primary difference lies in how the cases are treated. In a class action, the plaintiffs have a single case against the defendant; for all practical purposes, they are treated as a single plaintiff. The lead plaintiff serves as their spokesperson and representative.

In a mass tort, all pretrial procedures are heard by a single judge (or one panel) such as discovery and the presentation of evidence. However, each plaintiff’s case is treated individually. MDL is  typically used in product liability cases in which a large number of people have suffered different injuries from the same product such as a prescription drug or a medical device.  In some cases, a group of lawsuits that do not qualify for class action status may be eligible as a MDL.

How Long Do Class Actions Take Compared to an Individual Lawsuit?

Nothing is certain in litigation, whether a class action, mass tort or individual complaint. A lawsuit filed by a single individual may go faster than a class action, or may take considerably longer, depending on many of the same factors. Furthermore, if numerous individuals have also filed lawsuits against the same defendant, these will generally be heard in the order in which they were filed, so you may wait for months or years before your case comes up on the docket. In the meantime, if many of these prior lawsuits are successful, the defendant may run out of resources before your case comes up, meaning the likelihood is greater that they will have little or nothing  for which they can be sued if, for example, a defendant declares bankruptcy.

Another consideration is how much time you want to spend working on your case. In a class action, the lead plaintiff assumes these duties – so unless you are the representative plaintiff, there is very little you need to do in order to be party to the lawsuit. On the other hand, as an individual plaintiff, you may be working on your case with the lawyer for months or years, conferencing with counsel and appearing in court.