| Find out more about the type of cases we typically
handle:
Hartzell & Whiteman has represented consumer plaintiffs in
a number of class actions. We believe that a class action is appropriate
in some types of situations, but that many cases are not well suited
to class treatment. We are extremely selective with our class action
practice.
The 2005 Class Action Fairness Act, which moves many class actions
to federal court, includes several congressional findings:
Class action lawsuits are an important and valuable part of the
legal system when they permit the fair and efficient resolution
of legitimate claims of numerous parties by allowing the claims
to be aggregated into a single action against a defendant that
has allegedly caused harm.
However these findings go on to recite that some class cases primarily
benefit the lawyers:
Class members often receive little or no benefit from class
actions, and are sometimes harmed, such as where . . . counsel
are awarded large fees, while leaving class members with coupons
or other awards of little or no value…
We have strong experience as lead counsel in class cases in which
real benefits have accrued to our class members, and in which the
lawyers’ recovery has been proportional to what has been received
by the class. We believe that this is the way these cases are supposed
to work.
We undertake most class litigation in partnership with other firms
or organizations. We often partner with public interest organizations,
and often seek guidance from public officials before proceeding
with a class case.
“Borrowers' breathing room, The News & Observer, Editorial, Thursday, November 15, 2007”
Source: The News & Observer – November 15, 2007
“A coming foreclosure flood, The News & Observer, Other Opinion, November 8, 2007”
Source: The News & Observer – November 8, 2007
“Banks "bounce" bonanza, The News & Observer, Other Opinion, February 2, 2007”
Source: The News & Observer – February 2, 2007
“North
Carolina Observations on Federal Jurisdiction under the New Class
Action Act”
Source: The North Carolina State Bar Journal – Fall 2005
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