QUESTION

The court approved class action lawsuit and there is a class which I''m automatically part of. This court approved my request to opt out, can I sue?

Asked on Aug 12th, 2012 on Business Law - New York
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The court approved class action lawsuit and there is a class which I''m automatically part of. This court approved my request to opt out Let''s say there is two questions court need to decide in. 1. Responsibility of the company that I sue and the second question 2. The amount of the damages. Can I sue in other court (not the one that decide in the class action) what can bring two different decisions? Is the court that need to decide in the class action is the proper forum or can I sue meanwhile the class action still didn''t get desicion?
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1 ANSWER

Litigation Attorney serving Greenwich, CT
Partner at Hilary B. Miller
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If you have followed the procedure for opting out, you are not part of the class and can sue individually. It is not possible to answer your question about whether you may sue in the court where the class action is pending, because you do not post sufficient facts about the nature of your claims to determine whether that could would have subject-matter jurisdiction over your claims. Suffice it to say that you may sue in any court which would have both personal and subject-matter jurisdiction over your claims. It is possible that inconsistent decisions would be reached in the class action and in your individual suit. You do not post any information about the nature of your claims, the nature of the harms you have suffered or the facts that support your case, so it is impossible to venture a guess as to any possible outcomes from these limited facts.
Answered on Aug 12th, 2012 at 5:40 AM

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