A New York federal appeals court recently reversed the ruling of a lower court regarding a class action suit filed against Google, specifically for its Library Project. The case was brought forth by the Authors Guild, which claims to represent tens of thousands of authors who are filing complaints against the web search giant for scanning over 20 million books and compiling the scanned images in their virtual library. This was done presumably without due consent from the authors. The aforementioned decision may change where federal and state courts lean regarding the issue of class actions.
What exactly is a class action suit? It is generally defined as a type of lawsuit whereby a large number of people can collectively sue a single defendant; or the other way around, which is a plaintiff suing a group of defendants. You, as the aggrieved party based in California, for instance, should turn to your dependable business lawyers from San Diego for help and guidance on how to go about class action suits.
As corporate giants are almost always more financially capable than those who legally oppose them, federal courts often grant the latter some fighting chance. However, things might be shaken up a bit due to the landmark case of Wal-Mart v. Dukes. In the said case, Justice Antonin Scalia opined that 1.5 million female employees filing a single case for alleged discrimination might curtail the retail corporation’s rights to defend itself against individual allegations.
Similarly, the NY three-judge appeals panel recommended that the trial judge look into the fair-use policy (which Google defended itself with) and determine if Google’s fair-use defense is sufficient to render the case moot. Thus, if you’re planning to take legal action against any person or entity, see to it that you choose a lawyer who is meticulous enough, to identify loopholes and clever enough to know if you have a solid and strong claim.
With a competent lawyer fighting for the common interest of your group, you don’t have to sit through all the drama and stress of battling giants or major corporations. As long as you have a strong case, you’ll eventually be awarded the just amount to compensate for your losses.
Make sure that you hire a reputable San Diego business attorney who knows how to do his job, and who does it well. Thanks to established law firms, such as Webb Law Group, which have a selection of competent attorneys with years of experience in handling class action suits, it won’t be hard for you to find a capable legal representative.
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