QUESTION
Can a plaintiff in a class action sue the lead plaintiff?
Asked on Oct 24th, 2011 on Business Litigation - New Jersey
More details to this question:
Further - the plaintiff bringing suit has agreed to the settlement terms and executed "assignment" to the lead plaintiff in a class action. The award is in the form of equipment inventory and needed to be warehoused, tested, inventoried prior to putting it up for sale. The suing plaintiff is unhappy with the amount of time (6 months) it has taken to begin selling the inventory. If a court hears his case doesn''t that unfairly place his claim superior to the other plaintiffs?
Can you site case history?
1 ANSWER
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It is not really clear what kind of case this is. As a general matter, if you are a member of the plaintiff "class," that means you are not a named plaintiff and that your remedy is either to (a) object to the proposed settlement, or (b) opt out of the settlement. Generally, if a named plaintiff is getting a better deal than the other members of the class, that is a very solid basis for objection. You will need to engage counsel to do this.
Answered on Oct 25th, 2011 at 7:02 PM