I have an idea for a class action suit... Forum

[lacrossebrother]

I could see some dismissing my idea out of hand, but I really believe it would pass a MTD and would pose a great threat to the company.

Any party interested in bringing a suit with some knowledge of the law -- whether that party is a practicing lawyer, a lawyer-in-training, or a possible plaintiff -- is well-advised to consider whether her action can survive 12(b)(6). There's nothing shady about that, and there's nothing shady about describing a possible suit as being at least sufficiently strong to legally state a claim. In fact, it strikes me as being not only a reasonable detail to add in a post of this nature (asking advice of other lawyers-in-training and of practicing lawyers), but a responsible detail to add.

Had the OP made clear that she believed her suit to be not one iota stronger than necessary to state a claim, then maybe that would be problematic. But I don't see anything in the OP's post that even so much as implies that she believes her suit to be "capable of merely surviving 12b6."

I really don't understand how you could possibly contend that OP's "class action idea" is not rooted in rent-seeking viability based on the quoted above.

Everything else flows from that.
Unless you contend that there is nothing wrong with bringing a case just because you think it could survive MTD even though you suspect it's weak on the merits.

[dixiecupdrinking]

Cool man, you hate class actions, that's really interesting.

[Anonymous User]

I could see some dismissing my idea out of hand, but I really believe it would pass a MTD and would pose a great threat to the company.

Any party interested in bringing a suit with some knowledge of the law -- whether that party is a practicing lawyer, a lawyer-in-training, or a possible plaintiff -- is well-advised to consider whether her action can survive 12(b)(6). There's nothing shady about that, and there's nothing shady about describing a possible suit as being at least sufficiently strong to legally state a claim. In fact, it strikes me as being not only a reasonable detail to add in a post of this nature (asking advice of other lawyers-in-training and of practicing lawyers), but a responsible detail to add.

Had the OP made clear that she believed her suit to be not one iota stronger than necessary to state a claim, then maybe that would be problematic. But I don't see anything in the OP's post that even so much as implies that she believes her suit to be "capable of merely surviving 12b6."

I really don't understand how you could possibly contend that OP's "class action idea" is not rooted in rent-seeking viability based on the quoted above.

Everything else flows from that.
Unless you contend that there is nothing wrong with bringing a case just because you think it could survive MTD even though you suspect it's weak on the merits.

Most of what the OP has written here, and all of the OP's initial posts, discuss consumer harm. You've quoted the sole post by the OP that could be read to indicate that the OP is also interested in money. And so what if the OP is also motivated by money? Nothing the OP has ever written, including the post that you quote, indicates that the OP is bringing the case "just because [she] think it could survive MTD even though [she] suspect it's weak on the merits." (Not that any evidence is needed, but this is further reinforced by the context in which the OP's above comments come -- a discussion involving whether other lawyers might be persuaded to help the OP.)

Incidentally, very little of what you've said flows from the purity of the OP's motivations, but maybe I'm just picking a fight now.

[Anonymous User]

For me, it's not about money, which is why I said I wouldn't want to sell the case.

I believe this company has intentionally deceived its customers for the sake of its own bottom line. I think there needs to be a public outing of this company's deception, which is why I wouldn't warn it or seek a settlement. I'd prefer a paltry jury award rather than a huge settlement.

I am glad I made this thread. I think I have a better sense of how to proceed. I do have one question, tho. Would a Public Defender, District Attorney, or AUSA be able to be an attorney of record on a class action lawsuit, or would their office not allow it? I ask because I'm looking long-term. If this is a multi-year lawsuit, I need to know what the proper career backdrop would be. I'm comfortable with working at a civil litigation firm on the plaintiffs' side throughout, but I was wondering if I could be in one of those offices while working on the case with a class action firm.

[Anonymous User]

Pretty sure that no, you couldn't be the attorney of record while working in those offices.

[lacrossebrother]

Dude describe the case then.

[Mad Hatter]

I can't wait for OP to reveal that the idea is about excessive air in potato chip bags.

[JusticeJackson]

.

[Anonymous User]

Mad Hatter, how'd you know?!??!?!?

Justice, absolutely. I know that there is no way they'd let a new attorney represent a class spanning hundreds of thousands.

This is what I am thinking:

1. Find customer
2. File complaint on behalf of customer and others similarly situated
3. Go around to the top plaintiffs firms and ask for them to take the case with me as second chair

Do I need to pass the bar first? I have to pass the bar to file a complaint, right?

[JusticeJackson]

.

[rnoodles]

I lost my faith in these kinds of things when I signed up for my $10 reward from Red Bull last October and never got it.

[Anonymous User]

Thanks for that info.

Am I right in saying it would be better to bring a suit that has already been filed around to firms rather than just the idea for the suit?

[Anonymous User]

Thanks for that info.

Am I right in saying it would be better to bring a suit that has already been filed around to firms rather than just the idea for the suit?

No. The top firms will likely want to have some control over where the case is filed, who the named plaintiffs are, etc. You may be able to nail all of those things yourself, but I'd listen to the experts. Some top firms may also want to file the suit themselves.