Scituate Wind Turbine Class Action Litigation

Posted in the Marshfield Forum

Jack Kelly

Jamestown, RI

#1 Jan 10, 2013
http://www.lawlib.state.ma.us/source/mass/rul...

Massachusetts Civil Procedure Rule 23: Class Actions
[(a) Prerequisites to Class Action. One or more members of a class may sue or be sued as representative parties on behalf of all only if (1) the class is so numerous that joinder of all members is impracticable,(2) there are questions of law or fact common to the class,(3) the claims or defenses of the representative parties are typical of the claims or defenses of the class, and (4) the representative parties will fairly and adequately protect the interests of the class.

(b) Class Actions Maintainable. An action may be maintained as a class action if the prerequisites of subdivision (a) are satisfied, and the court finds that the questions of law or fact common to the members of the class predominate over any questions affecting only individual members, and that a class action is superior to other available methods for the fair and efficient adjudication of the controversy.

(c) Dismissal or Compromise. A class action shall not be dismissed or compromised without the approval of the court. The court may require notice of such proposed dismissal or compromise to be given in such manner as the court directs.
Jack Kelly

Jamestown, RI

#2 Jan 10, 2013
The first thing to look at in a class action case is Class Action Certification .

Class action certification is a process where a judge determines whether a suit qualifies for class action status, where suit can be brought against a class of defendants or on behalf of a class of plaintiffs. Class action suits are most commonly seen in the United States, although other nations allow this type of suit under their legal systems. When weighing the information pertaining to the suit, the judge must decide if it can be considered appropriate for a class action suit.

Several characteristics must be met for class action certification. The first is demonstrable proof that a large group of people is involved, and it would probably be difficult for all of them to bring suit independently. It must also be shown that these people have evidence and claims in common. Bringing suit as a group would allow the matter to be resolved with a single case, rather than clogging the legal system with numerous repeats of the case and creating a risk of unequal verdicts.
Jack Kelly

Jamestown, RI

#3 Jan 10, 2013
If a class action lawsuit was assembled your may be eligible to participate.Are you suffering any of the following as a direct result of a commercial wind turbine ?

o Sleep disturbance
o Insomnia,depression-

o Wind Turbine Syndrome

o Vertigo, headaches, tinnitus

o Loss of property value

o Loss of business volume

o Loss of property use

o Loss of quality of life

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