Practice Areas

Class Action

If it happened to me, it could happen to someone else.

We hear those words pretty frequently. Which says a lot about the character of our clients. It also explains why Pavlack attorneys feel so strongly about guiding Indiana victims through the complex class action process on a contingency fee basis.

With all of our experience investigating and litigating class action lawsuits, there has never been one case where it was just about one person. Not one. So why should one single person bear the financial risk of pursuing justice? We don’t think they should.

A class action is a powerful legal tool that allows many people, often with relatively small claims, to pool their resources to bring legal charges against the same company that committed widespread or systemic abuse.

It starts with one person willing to speak up about a single bad act, that if multiplied and left unchecked, is likely to hurt hundreds, even thousands of people just like them.

If you’re that person. We’d like to meet you.
“Eric is a class action guru and has literally helped thousands of people recover for their injuries. Eric is compassionate, skillful and dedicated to serving others.”
-J. Reese
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What Happens Next

As your attorneys, you can count on us to be prepared. We want you to be prepared too. Here’s what it looks like to open a class action suit.
1. Meet in person with one of our experienced class action lawyers.
If we’ve spoken by phone and think you have a case, we’d like to get together face-to-face so you can ask us any questions about your role as lead plaintiff and provide us with a more detailed accounting of what has happened.
2. We’ll get to work collecting evidence.
We’ll collect any documents or evidence you have first, then seek to determine how many others may have been similarly impacted and what factual evidence supports those claims. Information is currency in the legal world and we’ll turn over every stone to find it.
3. Legal Research.
Identifying which legal issues may be relevant to your specific case and anticipating how other parties might respond to those issues will strengthen our legal strategy. Our experienced legal staff will do this research upfront, so we’re prepared for anything.
4. Drafting a class action complaint.
We’ll use the experience we’ve gained leading other class actions to draft the formal class action complaint. Our job here will be to prove to the judge that the common questions of law and fact apply to all potential class members
5. Formal Discovery.
We’ll use the court’s rules of “discovery” to subpoena records, collect sworn answers to our questions, and to depose witnesses under oath. The other side will do the same. This will likely be a new experience for most people so we’ll help you know what to expect and how to prepare.
6. Class Certification.
The decision as to whether a case can move forward as a class action belongs solely to a judge. We’ll present evidence and legal briefing to the judge and ask that a class be certified before moving to the next phase.
7. Notification of Class.
We’ll begin our efforts to notify all known and potential class members. This is typically accomplished through a combination of public notice, mail, email, phone, and/or mass media announcements.
8. Mediation/Settlement.
Courts require mediation before trial, and we always welcome the opportunity to present our evidence and arguments to decision-makers to give our opponents an opportunity to propose a fair settlement.
9. Take the Case to Trial.
If a fair settlement cannot be agreed upon by all parties, the case will go to trial. We never assume that we won’t go to trial. So we’ve already done the work necessary to present your case before a judge and jury if there is no satisfactory path to negotiation.

Types of Class Action

Representing a class of consumers or businesses in a class action requires the precise skills of experienced class action attorneys, adept in the procedural rules and legal complexities of class action law. For more than twenty years, we have successfully represented large classes in state and federal courts, winning tens of millions in class settlements for our clients. We would be happy to offer a free evaluation of your case and always welcome referrals from other attorneys. Below are some of the areas where Pavlack’s class action attorneys could be of help.

Consumer Fraud & Deception

Price Fixing & Anti-trust Violations

Identity Theft

Hidden Fees

Telephone Consumer Protection Act

Bad Faith Insurance Practices

Predatory Lending

Environmental Disasters

Dangerous or Defective Products

Investment and Securities Fraud

Concrete Price-fixing results in $59M in Settlements

Eric Pavlack was one of the lead attorneys in a massive class action antitrust case against seven Indianapolis concrete companies who coordinated their activities in a price-fixing scheme that inflated prices for contractors and consumers. The case resulted in settlements totaling over $59 Million, which returned money to thousands of contractors.
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Good to Know

Helpful information about class action laws in Indiana.
  • A class action can be started by just one person or a small group of people who believe that many others may have been injured, either physically or financially, by the same wrongful act.
  • Only a judge can decide whether a case can officially proceed as a class action. The judge does not need to know the exact number of people affected to grant class certification.
  • The attorney is responsible for not only presenting the claim to the judge on behalf of the lead plaintiff(s) but also must have sufficient class-action experience to represent all members of the class.
  • To have a valid case, we must be able to point to a specific state or federal law that has been broken and assess how many others may have been harmed in the same way that you have.
Stop worrying about whether you can afford a skilled attorney. You can.
One of the ways we stand with you is by taking on the financial risks of your case.
This means you can have the best possible legal representation without worrying about how you’re going to pay for it. You only pay us when we win your case.
Call us and let’s get started. (317) 251–1100