Class Action Attorney

Columbus, Ohio

A sizable settlement was obtained recently in a class action lawsuit alleging that a well-known property and casualty insurance company based in Ohio misconstrued its policy and underpaid claims for years. In the lawsuit, Ohio lawyer Bob Kerpsack joined with lawyers from Florida, Illinois, and Massachusetts to represent a Florida physician and other medical providers similarly situated, who received patient assignments of health benefits provided under automobile insurance policies issued by the Ohio-based insurance company. The amount in controversy on each individual claim was relatively small; however, when the claims were joined together in the class action lawsuit, the insurance company quickly changed its policy language and claims practices.

It may not be economically feasible to prosecute many smaller legal claims by themselves. However, if numerous other persons have suffered the same or similar wrong, then smaller legal claims can sometimes be pursued as part of a class action lawsuit. Courts will certify a lawsuit as a class action if 1) the class is so numerous that joinder of all members is impracticable, 2) there are questions of law or fact common to the class, 3) the claims of the representative parties are typical of the claims of the class, and 4) the representative parties will fairly and adequately protect the interests of the class. Recently, the United States Congress enacted the Class Action Fairness Act of 2005, which affects class action lawsuits in federal courts.

Class action lawsuits are usually complex and time-consuming, and require considerable attorney resources. If you, a friend, or a family member is a member of an identifiable class of persons who have suffered a common wrong, then you should contact an experienced class action lawyer.