This course is part of an on going educational effort to explain the super PAC lawsuit.
If you missed a section please use links below. If you think you might be a party to this suit please start with Notice and Introduction to the super PAC lawsuit. You can also check out Facebook site SuperPacFederalLawsuit
Syllabus
101 What is a defendant class action lawsuit
102 The citizen/private attorney general
103 Common law
104 Reasonable person test
105 EMILY's List ruling.
201 Standing and jurisdiction
202 What is an excessive contribution
203 What is a prohibited contribution
301 Pre-trial motions
302 Summary judgment
303 Trial
304 Civil Court rulings
305 Settlement offers
Graduate level:
401 Civil fines and payment
402 Criminal court
403 Criminal court trial
404 Criminal court rulings
405 Settlement offers
Post-graduate level:
501 U.S. Supreme Court appeals.
101 What is a defendant class action lawsuit
The lawsuit is a mandatory defendant class action suit. This means it brings suit against a class of individuals that can be readily identified using common factors.
Class is really an abbreviated form of the word classification. A Court must review and approve the classification system that allows Defendants to be determined.
The lawsuit is currently in this stage with a hearing scheduled for June 18th, 2012.
Defendant class actions are far different from plaintiff class actions. Plaintiff class actions are typically large groups that are collectively suing one or more defendants. In a Plaintiff class action, individuals are frequently given the option to "opt-out". This allows them to press an action on their own.
In this case it is a single Plaintiff suing a large groups of defendants that fall into several classifications. The legal theory behind the guilt of the parties is in common, and it allows for prosecution of a large group at the same time.
The trial is not against individuals instead it is a suit against a class of individuals. Further it is what is termed a “mandatory class action”. This means an individual does not have the option to opt out and request a separate trial. The trial can proceed without notice to all members of the class if the class is sufficiently clear and represented. The U.S. Courts have held that a class member may not object to the certifying of a mandatory class without evidence that supports the case that a member should not be included.
The Court will look at several factors when determining whether the case can proceed as a mandatory defendant class action. After class certification, the action proceeds against all those that fit the classification. All members of the classification are defendants and do not need to be individually named. The actions of the Court rest upon three tenants. The actions must be "fair, adequate, and reasonable." Therefore, the Court will continue to look throughout the case that the interests of each class are sufficiently represented before the Court. Any pretrial settlements that are offered, or any trial judgments if the case goes to trial, must be fair to all class members, provide adequate deterrent that the activity will not be continued, and reasonable in light of the nature of the offense.
What if a defendant is wrongly convicted?
If and when there are adverse rulings against parties, they will be notified by using their address on the IRS and/or what appears to be a more recent address listed on a campaign contribution. This contact will be in the form of a certified letter that informs defendants they have been convicted and can now dispute the process. process.
It is being proposed to this Court that Defendants will have a 90-day period to file a written petition requesting that the determination be modified or set aside in the district court of the United States where the defendant resides or transacts business. Items that defendants may use in their defense include:
They are not the the named party.
A joint check was used and the contribution should be reallocated.
The campaign contribution was refunded or reallocated for state elections.
More example defenses are found on-line.
Certain class members may be reimbursed for attorney fees up to $2,000 if wrongly convicted from a fund set up for such purpose. Funds to cover this fee will come from a special account established using fines paid in by other Defendants and can be utilized until depleted.
Note: The FEC, under its rules, only provides for a 30-day period and makes no mention of who will pay any attorney fees if a ruling is incorrectly applied against you.
Notice: The foregoing has yet to receive final court approval and is subject to change.
Extra Credit
For those looking for a deeper understanding, I recommend Shen's 109 page article in the Denver University Law Review
THE OVERLOOKED UTILITY OF THE DEFENDANT CLASS ACTION
Philip B. Maise
Plaintiff