Class Action
A class action lawsuit, also known as a representative action, is a civil lawsuit brought on behalf of a group of people or business entities who have suffered common injuries. In a class action, at least one individual or entity acts as a representative of that group. While the issues of a class action can vary, the issues in dispute are common to all class members.
In a class action lawsuit, many individual claims are compiled into one representative lawsuit creating efficiencies in the legal process and lowering the costs of litigation. Sometimes class actions represent large numbers of plaintiffs with a small recovery amount that would not be feasible to bring forth for litigation as a stand-alone case. In other words, a class action ensures that a defendant who engages in widespread harm – but does so minimally against each individual plaintiff – must compensate those individuals for their injuries. Most importantly, class actions provide a way to impose the cost of the wrongdoing on the wrongdoer, potentially preventing the same issue from happening again.
Mass tort cases are similar in that they represent plaintiffs with a similar claim or injury, however, they do not require plaintiffs to come together for one lawsuit. This means that each plaintiff’s case will have the opportunity to be litigated and the recovery will be adjusted to fit the circumstances of the case. Mass torts typically involve higher damage awards than class actions.
Below are common categories of class action lawsuits:
Personal injury or defective product: These types of class-action lawsuits are generally brought when a defective product, medical device, or drug physically harms a large number of individuals. A current example is the Philips CPAP/BiPAP ventilator devices. These devices use a polyester-based polyurethane (PE-PUR) foam that has been linked to an increased risk of airway contamination, chemical exposure, and possible cancer.
Consumer: Consumer class actions hold businesses who are involved in illegal practices that harm or defraud consumers to be held accountable.
Securities: A securities class action occurs when investors who were injured by a companies’ improper conduct bring forth a lawsuit. Examples of this include whistleblowers and investor fraud.
Employment: Employee class actions represent those who have been discriminated against, who have hour and wage issues, or who have suffered because of employer safety violations.
Class action lawsuits are complicated and require a firm that specialized in handling these types of cases. Experience matters in understanding the politics of working a case through the legal system, certifying the class, identifying the lead plaintiff and getting them approved, and managing the actual trial of the case.
Step One: Identify the right firm for your class action and hire them to get started on your case.
Step Two: The law firm will file a complaint that names at least one plaintiff, also known as a class representative, who files the lawsuit on behalf of the proposed class of many plaintiffs.
Step Three: Once the case is filed, there will likely be objections by the defendants arguing that the case does not meet the requirements of a class action. The class representative will have to file a motion to obtain class certification and approval of the proposed class.
Step Four: Once the class action is approved, notice must be provided to all potential members of the class. Notice can be sent by direct mailings to known claimants as well as through advertising about the case through broadcast and online methods.
Step Five: Once notices are sent, members are allowed to opt-in or out of the class action. In general, membership is automatic but there is still an opportunity to opt out of the lawsuit or the settlement. You may be wondering why someone would opt out if they do not have to do anything to bring forth a case. There are instances where someone has suffered to a greater extent than what the class action will provide. In that instance, the individual may want to proceed with an individual case against the defendant.
Step Six: When the notice period is complete, the case can move forward to trial where the case can be argued and a decision made by a judge or jury. An exception to this would be if a settlement were reached prior to a trial. Once a verdict or a settlement is reached, all members of the claim must be notified and offered a chance to opt out of the settlement. This period has a set expiration date where settlement proceeds can then be released to eligible class members.
Step Seven: After all this hard work the recovery is distributed. Typically, the law firm representing the plaintiff gets a percentage of the agreed sum first, the lead plaintiff gets paid second (normally a higher share than the other members of the class because of the extra work the lead plaintiff did in handling the class-action case) and then the members of the class get paid. All settlements must be approved by the presiding judge.
This class action sought monetary damages, restitution, and injunctive relief due to, BayPort’s policy and practice of wrongfully charging overdraft fees and Non-Sufficient Funds (“NSF”) fees. Specifically, Bayport had a policy and practice of assessing an overdraft or NSF fee on transactions when there was enough money in the checking account to cover the transactions presented for payment and then charging repeat NSF fees on the same electronic item. The charging of such overdraft and NSF fees was a breach of BayPort’s contracts with its members. The result was that over 24,000 class members received a recovery for the fees that were erroneously charged to them.
Our firm worked as co-counsel on a class action lawsuit against National Consumer Telecom and Utilities Exchange, Inc. (“NCTUE”) and Equifax Information Services, LLC. These entities collect, warehouse, parse, and sell consumer reports about consumers to businesses for the purpose of making eligibility decisions. Our client has brought a class claim against the Defendants for their failure to inform him and a class like him of the NCTUE information present in his file. Our client plainly asked for his consumer file disclosure, which Congress has concluded is a pertinent and valuable right under the FCRA, yet neither Defendant would not provide him with the NCTUE information it possessed about him.
Defendants do not want consumers to know about NCTUE or the information it sells about them. Having that entity known creates monetary problems for NCTUE and Equifax, as consumers will then seek to enforce their FCRA rights by asking for file disclosures, disputing inaccurate information, and potentially suing NCTUE when it does not investigate or correct inaccuracies. In short, informing consumers about NCTUE and the information that it and Equifax report about them behind the scenes will cost NCTUE and Equifax money, and neither wants that outcome.
Lee Adair Floyd and Breit Biniazan are serving as interim co-liaison counsel in a class action lawsuit stemming from a data breach that occurred at Elephant Insurance Company between at least March 26, 2022 and April 1, 2022.
The data breach targeted the information of consumers who used or applied for services supplied by Elephant Insurance and resulted in the unauthorized access to sensitive data belonging to approximately 2,762,687 individuals.
These individuals then had to navigate a myriad of privacy and security issues because their sensitive personal information was compromised. The compromised information included names, driver’s license numbers, dates of birth, and other sensitive information provided in connection with an insurance plan, quote, or application for an insurance plan. In addition, these individuals had to pay out-of-pocket expenses for fraud protection and credit monitoring because of the breach.
"I am a New York personal injury attorney. A friend asked me to find an excellent attorney to represent her nephew who lives in Virginia and was badly injured in a car accident there. Justin Sheldon from Breit Biniazan was very experienced and patient in explaining the legal process to his client. He obtained an excellent settlement and my friend and her nephew were both very pleased with the outcome. I highly recommend Justin Sheldon and the Breit Biniazan law firm if you require the services of a personal injury law firm in Virginia."
"Very professional, kind hearted and caring. I loved working with Sarah she did a stellar job representing me and assuring me that everything would work out. ❤️"
"Had my incident back in 04/2021. Was referred to Breit and Justin Sheldon was my attorney for my case against insurance and personal injury case. Justin and his team was extremely pleasant to work with. They were always communicative at providing updates and feedback of the state of the situation. Year and a half later, never had any regrets trusting Breit to represent myself for my case."
"Where do I start, From the beginning till now, EVERYONE that works for BREIT BINIAZAN Law Firm are very AWESOME especially Sarah and her team. Thank you, thank you, thank you for everything . I will recommend this law firm to anybody who needs help. Sarah and your team, please keep up the awesome work. You guys are the BEST. May God Bless All of You. Once again, Thank you Breit Biniazan Law Firm. Team#1 ❤️❤️❤️❤️❤️"
"Sarah Sauble is by far the best lawyer I’ve ever worked with. She was very helpful and knowledgeable about the law and explaining legal terms in order for us to understand. Together with her paralegal, Elizabeth Rankan, they’re both great at what they do. Job well done ladies."
"Sarah's unwavering support and dedication, coupled with her expertise, have been invaluable throughout my accident settlement case. I am profoundly grateful for all she has done, and her efforts have made a significant impact on my journey.I wholeheartedly endorse Sarah Gallo Sauble as well as the entire team at Breit Biniazan Law Firm, to anyone seeking legal assistance. Their professionalism and excellence are unparalleled."
"Sarah and the team at Breit Biniazan could not have been more professional, caring and informative. Throughout the whole process they would check on my condition, health and exchange any updates with medical care as well as the case itself. They walked me through each step, explained the expectations and possible outcomes while keeping it professional. The communication was always as easy as a text, email or call away and always responsive. If you're still looking for your team, look no further. Make the call, let Sarah provide the care you need and fight for the settlement you deserve. Thank you for fighting for me Sarah!"
"Sarah and Elizabeth were wonderful to work with. They are honest, professional and fair and worked very hard to settle our case in a timely fashion. They maintain positive and respectful relationships with opposing counsels to ensure that the client’s best interests are represented. I would highly recommend them to others and I would use them again if the situation were to arise."
"Sara and her team were great to work with. I trusted them to take care of my case and they did. I would use
Them again in the future if I needed to."
"I reached out to Sarah G. Sable, about 9 months ago, from the beginning she assured me that she would take care of my case and that I had nothing to worry about.
Sarah stayed in contact with me every step of the way, she even answered my calls after hours to ensure that she was meeting my expectations, and answering all of my questions.
At trial Sarah represented me like no other. Even the Judge said what an excellent job she did and even asked her what law firm she was representing. Kudos to Sarah. She won our case, as she assured me she would. I would definitely recommend this law firm. Especially Sarah her professionalism and mannerism speaks volumes. Thanks again for representing me."
"The experience was awesome. Breit Biniazan help through the transition and paperwork to help me get my settlement. The whole team and lawyer had great communication throughout the process of this settlement."
"Nothing but a great experience with this firm. Sarah was fully professional, attentive, and communicative throughout the entire process while representing me. Anyone who has a personal injury case, this is the firm that you want to go to. 10/10 I strongly recommend!"
"Sarah has been a great help in my case. I have been in a very serious Motorcycle accident and she and her team has worked very diligently on my case. I would like to say Thank You and will definitely be considering you in the future if needed!!"
"Best law firm in Hampton Roads"
"GREAT! GREAT! GREAT! ... you can not go wrong with this firm backing you!... Thanks for everything!"
"Had a amazing experience with this company. They helped me every step of the way when I had to go to court for a accident I was in. They are really personable and go above and beyond in customer service."
"I couldn’t speak more highly of Kevin, Kylee, and the whole legal team at BB. They were both personable and professional. If you’re looking for a lawyer who cares, this firm is the right one for you."
"My case was small, but it was handled with the care one would expect to be given to a multimillion-dollar settlement. The professionalism, intelligence and kindness of everyone in the firm far surpassed my expectations. Jeffrey Breit and Kevin Biniazan are truly the A Team!"
"Working with this law firm made settling my case a breeze! When i was injured in my car accident and my car was totaled, i was so worried about handling the insurance company and all of the phone calls and paperwork while i had a concussion. With a couple visits and a few emails back and forth with my paralegal and attorney, my case was settled in less than a year! If i ever needed to be represented again i will 100% be choosing Breit Cantor Grana Buckner to represent me! I appreciate everything they did for me!"
"Kevin and his team were very professional and personable! They were very knowledgeable with my case. I feel like I have made some great new friendships. Thank you guys!"
"Was very happy with the service I received from this office Staff is very helpful & friendly. After just a few months my case was resolved & my outcome was better than expected! Kellie Jennings kept me up to date and informed through it all. I have another pending case & have no reservations that the outcome will be as good as the first. I would recommend to family & friends."
"Throughout 2019 and 2020 Attorney Kevin Biniazan helped me with a personal injury case. Aside from the professionalism and attentiveness one would expect from a quality law firm such as Breit Cantor Grana Buckner, I was taken by the fact that they agreed to take my case on a contingency basis, even though there was little evidence in my favor in the early stages of preparation. This meant the world to me. It meant that they believed in me, and my case, when two other firms declined to take the case. In late 2020 the case settled out of court and I received a substantial monetary award that exceeded my expectations. Thank you Kevin, and all your support staff for believing in me when many others did not!!!!"
"This law firm was highly recommended by a friend who had prior representation. I am very pleased with their professionalism and they kept me well informed of my injury case. Attorney Kevin Biniazan and his team fought well for my rights and I received an extremely good settlement. I encourage you to give them a call as you will have a pleasant experience with their representation!"
"My experience with Breit Biniazan and his team was very positive. They were very helpful, were always available, took time to explain the process, and answer any questions I had. A special thanks to Kellie for all her support and efforts. I always felt she was on my side and looking out for my best interest. I would highly recommend Mr. Binazan and his team and would not hesitate to use their services should the need arise."
"Michael Collett represented us in our suit, and he was incredible. He made quick, efficient work of getting our case positively resolved while also making sure to keep us updated along the way. We recommend him to anyone seeking representation in a personal injury suit.
Our suit had dragged on for five years, and we wondered if it would ever be finished. Once Mike was handed our case, he immediately got to work getting to know us and understanding the timeline of events. Additionally, as a prior military member, he understood that our case was not a traditional cut-and-dry lawsuit: our life continued while the company dragged it out in court, including PCSing overseas and then back to the US during COVID. This kind of personal understanding and attention to detail was instrumental to our case. Mike's background, compassion, attentiveness, and professionalism made the difference; without him, we could have had a very different outcome.
If you are in need of any representation for a personal injury suit, I highly recommend Michael and his colleagues."
"I'm an attorney in Nebraska and represented a Nebraska family who lost their son/brother due to an electrocution on a job site in Virginia. After handling the workers' compensation claim in Nebraska, I reached out to multiple law firms in Virginia, ultimately co-counseling with Kevin Biniazan on the Virginia third party claims. He worked the case up, secured experts, and ultimately tried the case to a jury. Kevin and his team did a fantastic job presenting the case, arguing points of law, and overall just demonstrated that they had put extraordinary time and effort into preparing the case for trial. They secured a 7-figure recovery on tough facts and were great to work with along the way. I highly recommend Kevin and his firm."
"I give Kevin Biniazan and his team the highest rating I can. I had a case in Va Beach a few years ago, called a few attorneys but ended up going with Kevin because of the knowledge and compassion he showed. After telling Kevin my issue, he and his team did all the work. They took the time to listen to my concerns and feelings, they were informative and available at all times. Along with the success of my case, Kevin and his team gave me the opportunity and support I needed to begin healing. I couldn’t recommend enough!"
"Outstanding service! My case lasted approximately 2 years, the staff was more than patient with me and the multiple questions I had throughout the process. I highly recommend their services to all."
"I was injured in a motorcycle accident with a car driver and refered to Breit Biniazan by a second lawfirm from my home state. They were professional and got me through one of the most painful times in my life. I simply gave them what they needed and they took care of the rest, getting me proper compensation for my pain and suffering."
"I took a chance on this firm from a recommendation and I couldn’t be happier with their work and the results of my case. Kellie and Nilda are pure gold! Kellie kept me appraised of everything that was going on, timely and answered all my questions and concerns. I followed a recommendation; trust me, Breit Biniazan is the very best!"
"Kevin, Kylee and his team are the best in the business! They are the most trustworthy,hardworking,dedicated, honest, and morally outstanding people I've had the pleasure of knowing."
"My experience with the team at Breit Biniazan was nothing short of outstanding. They handled our case with the utmost professionalism and compassion. Kellie, their paralegal proved to be an invaluable support. Kellie was compassionate and her communication helped us through a tough time. I highly recommend Breit Biniazan."
"I had the pleasure of working with Mr. Beasley and Ms. Jennings. I was unfortunately involved in multiple crashes that I was a victim of and sought their firm, Breit Biniazan for help with medical bills and other issues. They worked with me for well over a year, coming to a successful resolution for my cases. They are incredibly passionate about their job and getting to an outcome desired for their plaintiffs. I would recommend their firm for any cases you may have, no questions asked."
"I’ve never been in a lawsuit, nor have I been to court, or had anything dealing with legal matter so all of this was pretty new to me, and 9/10 it was scary & heart racing. The only reason I got through it is because of Kevin. If it wasn’t for him with his patience, his commitment to his client, or the will to go the distance I never would’ve had confidence in any of this legal stuff. 10/10 recommend Breit Biniazan."
"Kept me informed of the entire process. Offered advice on how to proceed."
"Fantastic team! Kevin is an amazing attorney who comes through on his word. Kylee and the team of paralegals went above and beyond to help me understand what we should expect in the case. I highly recommend Kevin’s team to anyone who is not only in need of a legal team, but one who will get them what they deserve!"
"Kevin and his team worked tirelessly to help us secure the best possible outcome for an incredibly difficult situation. They were supportive and attentive to our needs, walked us through the process step by step and fought hard for us. I would highly recommend Breit Biniazan for all of your legal needs."
"Following a motor vehicle accident, I needed assistance with handling insurance issues and was referred to Breit Biniazan for their expertise. I had the pleasure of working with attorney Alexis Meier and her paralegal Molisa Gardner. They managed my case with utmost professionalism, efficiency, and thoroughness.
As a physician, I am aware that some law firms may try to enhance settlements by recommending excessive consultations, imaging studies, and other tests, as well as extensive therapy. However, Alexis and Molisa ensured that I received the necessary care without subjecting me to unnecessary tests or treatments. I found their approach to be both ethical and professional.
I wholeheartedly endorse Breit Biniazan and recommend their services to anyone in a similar situation."
"Alexis Meier is an exceptional attorney—professional, knowledgeable, and highly effective. She handled my case with efficiency, care, and compassion, ensuring everything was managed seamlessly. Her team was equally impressive, always responsive and prompt in their communication. It was an absolute pleasure working with them, and I highly recommend Alexis and her team to anyone in need of outstanding legal representation."
