Buddy,
Contract law is a substantive area of law. Class Actions are a procedural matter. Whenever you have many persons who are similarly situated, it is not cost effective for the plaintiffs and burdensome to the Defendants and Courts system to have a proliferation of many lawsuits. The Class Action Procedure allows consolidation of many plaintiffs into one case. The problem with the case at hand is that there may not be enough members and the damages each suffered is not likely to be more than a couple of hundred dollars each. Honestly, I'm just not sure that enough damages have been sustained by the class to attract the typical class action contingency law firm.
Kali,
a small amount of damages does not make a case frivolous. A court can grant damages of $1 for a wrong sustained and proven. Frivolouse refers to cases under which no meaningful legal theory can be sustained. It is also, in the US, illegal to practice law without a license, which you appear to be doing. You should also know that if you ever are called to be a juror in the US that you do not tell the jurors the law, the Judge does. The jury is presented with admissable evidence and decides the facts from the evidence. Thank heavens we will not have to rely on you and Bob to be apologists for a large company that has misrepresented facts to its customers in order to take their money.
Last edited by advocate2; 04-04-2010 at 11:18 PM.
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