How to File a Class Action Lawsuit in a Minnesota District Court
A class action lawsuit requires a number of people who have been adversely affected to file a lawsuit at the same time. There are 10 district courts in the state of Minnesota. Where the lawsuit is filed depends on the district or area where the injury occurred. Class action lawsuits have been filed against corporations, government and private entities. For example, in Minnesota, a group of smokers brought suit against a cigarette corporation and a group of workers are suing a previous employer.
Instructions
Steps to Filing a Class Action Lawsuit
- 1
Determine how many people have been similarly injured. These people must be convinced to join a class action lawsuit. The minimum number must be more than two. One way to find people who have been adversely affected is through posting flyers, newspaper ads or door-to-door polls. For example, poll an area near a workplace known for the spread of mesothelioma or that has an above average rate of illnesses. A class action lawsuit in Minnesota can be filed at low or no-cost to the people affected. Another way to convince people to become involved is that the responsible entity will continue the behavior if action is not taken.
2Discuss the case with the Civil Practice Clinic at the University of Minnesota Law School. If the lawsuit is against a city or county in Minnesota, the civil practice clinic provides free legal advice. The recommendation may be to locate an attorney. The law school cannot provide information on a specific attorney, but it can assist in finding the appropriate attorney for a class action lawsuit in Minnesota.
3Locate an attorney experienced in filing a class action lawsuit, when the University of Minnesota Law School cannot help. Interview a potential attorney and ask whether he or she has participated in a class action lawsuit. Note the name of the case, as the attorneys in the case are a matter of public record. The type of lawsuit to be filed makes a difference in the type of attorneys to interview. For example, if a group of people has been harmed by a particular product, seek an attorney specializing in product liability. An employment attorney may be needed to file suit against a former employee for harassment or illegal labor practices. The University of Minnesota Law School or Minnesota Legal Aid may be able to provide limited advice on specific questions to ask when interviewing an attorney.
4Sign a contract between the injured parties and the chosen attorney. The contract should reflect how much the attorney will be paid and the complete services he or she will render. The contract should determine the person in charge of direct attorney contract and this person's responsibilities to the group filing suit.
5Delivery of a court summons and complaint will be provided to the entity or defendant the lawsuit is being brought against. Persons filing the complaint are called plaintiffs.
6Notify all members of the class action lawsuit, as the lawsuit develops, to keep all interested parties informed. The attorney can explain what is happening and why to the individual responsible for keeping everyone up-to-date.
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