How to decide who takes on a class action law suit?

Question

A bunch of people want to sue company X in a class-action lawsuit. A bunch of different lawyers/law firms want to represent them. What happens if there isn't a consensus (i.e. it's not the case that everyone wanting to sue decides to go with 1 particular lawyer/firm)? What if half the people want to go with firm A, and the other half want to go with firm B? Can two separate trials be held? Or are people simply forced to reach a consensus?

Also, if Bob was affected by company X, but only finds out about the lawsuit after the fact, has he basically lost any right to litigate company X on his own terms?

Answer 1

canada

If competing class actions are initiated, representing substantially the same classes for the same wrong against the same defendant(s), the court will hold what is known as a "carriage" hearing. The court determines on a preliminary basis who is best placed to represent the class and puts the other actions in abeyance (on hold). A particularly complex carriage example is described in detail at another Q&A on this site: Is it possible to have multiple class action lawsuits for the same problem?

If the class proceeding is certified and Bob fails to opt out according to the terms of the certification order, Bob is bound to the outcome of the class proceeding and/or settlement.

Answer 2

The court makes orders

It’s not just that different law firms with different class-actions might initiate multiple lawsuits in a single jurisdiction - they might initiate them in multiple jurisdictions.

Different jurisdictions handle this differently but ultimately courts have the power to decide how and if a case is brought. This includes deciding whether cases should be joined and, if so, who the lead law firm will be. It also includes cooperating with courts in other jurisdictions although this is more easily accomplished when the jurisdictions happen to be in the same country. For example, all state, territory, and Federal courts in australia have the power to cooperate with each other written into their enabling legislation. So, if a case is brought in say new-south-wales and victoria, the Victorian court may adopt the judgement of the New South Wales court except where Victorian law differs (or vice-versa). Here is a practice note from the Supreme Court of Victoria explaining the process.

Depending on jurisdiction, class action lawsuits might be “opt-in” or “opt-out” - I think most ore opt=out but I haven’t done a comprehensive survey. In either case, the law firm representing the class has a duty to identify and communicate with the class members. In an “opt-in” jurisdiction, anyone who does not opt-in does not benefit from the outcome of the lawsuit has their rights preserved. Similarly, in opt-out jurisdictions, anyone who actively opts-out is in the same position.