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Any recourse if miss the deadline in a class action lawsuit?

Discussion in 'Internet & Social Media Law' started by Store owner, Sep 30, 2020.

  1. Store owner

    Store owner Law Topic Starter New Member

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    Hello.

    The opposing side has committed ex parte communication by contacting me around my attorney in an attempt to shake me down.

    I am wondering if this can result in disciplinary actions or possible court cost awarded to me as a result.

    My insurance company attorney has send their claim to the fraud investigation department and they have been asked to provide a lot of information. They refused to respond but instead decided to go around the lawyer and send me threatening letters directly.

    My understanding is once an attorney has made an appearance for a side, they are suppose to communicate with the attorney and not bypass that attorney.

    Please let me know if we can go after the opposing side for this unethical tactic

    Thanks.
     
  2. Store owner

    Store owner Law Topic Starter New Member

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    Any recourse if miss the deadline in a class action lawsuit?

    I just found out that was a class action lawsuit settlement dealing with the yahoo data breach however I missed the deadline to file a claim.

    My entire family has yahoo accounts during the years they were hacked.

    Do I have any recourse against yahoo?

    Could I file a clone lawsuit as the class action lawsuit while modifying it to reflect my situation?
    Why reinvent the wheel if there is already a won lawsuit with identical facts?

    Thanks.

    Yahoo! Inc. Customer Data Security Breach Litigation Settlement
     
  3. Store owner

    Store owner Law Topic Starter New Member

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    If while defending against a lawsuit certain information was presented to the court.
    That case has closed.

    There is a new case in which you must contradict the information provided in the first lawsuit because the opposite would benefit your case in this new lawsuit.

    Could the information in the closed case be used by the opposing lawyer to show you provided false information to the court?

    For example, if you said in 2018 Jane Smith was your Girlfriend but in the other case you said you never seen Jane Smith before in your life.

    Can the information in the old case be used against you as perjury or get you in trouble or does every lawsuit stand on its own.

    Thanks.
     
  4. flyingron

    flyingron Well-Known Member

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    It very well could be. While the introduction of prior testimony (having been made either in court or as a deposition) could be regarded as hearsay, the Florida rules of civil procedure (and several key appellate cases), don't bar it being used in subsequent actions. The federal rules are a bit more involved, but wouldn't preclude its admissibility in general.
     
  5. flyingron

    flyingron Well-Known Member

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    In most cases, unless you have some compelling excuse for missing a deadline, you don't get to miss a deadline. The fact that you weren't paying attention to a class action and didn't hop on board, isn't a compelling reason.

    Understand, unless you had a PAID Yahoo email account, you're not eligible under the class action. Having a freebie Yahoo email (or other service) account doesn't qualify you. All you're getting even if you qualify is $100 or credit monitoring.
     
  6. Zigner

    Zigner Well-Known Member

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    Ask your attorney about this.
     
  7. adjusterjack

    adjusterjack Super Moderator

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    The reality is that this comes under the category of "no harm, no foul." In other words, nobody's getting tarred and feathered, rode out of town on a rail, drawn and quartered, or stoned in the public square, no matter how miffed you are.

    Send the letters to your insurance company attorney and come down off your high horse.
     
  8. adjusterjack

    adjusterjack Super Moderator

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    Not only that but, depending on how recent the prior case was, Florida Rules of Civil Procedure could allow the prior judgment/decision to be vacated due to

    "fraud (whether heretofore denominated intrinsic or extrinsic), misrepresentation, or other misconduct of an adverse party"

    See Rule 1.540 on Page 129.

    https://www-media.floridabar.org/uploads/2020/08/ADA-0-Civil-Procedure-Rules-Updated-8-18-2020.pdf
     
  9. zddoodah

    zddoodah Well-Known Member

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    I'd suggest contact the lawyers representing the plaintiff class.

    Recourse for what? Your post does not indicate you suffered any damages as a result of anything Yahoo! did or didn't do.

    Sure. Anyone can sue anyone for anything. However, if you were a class member and were properly notified and failed to file a claim, and cannot obtain any relief, then your lawsuit will be summarily dismissed, and you and your lawyer could face sanctions for filing a frivolous lawsuit.

    What does "a won lawsuit" mean? The class action you cited was not "won" by anyone. It was settled, and the settlement agreement contains a detailed section titled "No Admission of Wrongdoing," which expressly states that the settlement and the agreement "shall not be offered or received against any Defendant as evidence of or construed as or deemed to be evidence of any presumption, concession, or admission by any Defendant with respect to the truth of any fact alleged by any Plaintiff or the validity of any claim that has been or could have been asserted in the Actions or in any litigation, or the deficiency of any defense that has been or could have been asserted in the Actions or in any litigation, or of any liability, negligence, fault, breach of duty, or wrongdoing of any Defendant."
     
  10. zddoodah

    zddoodah Well-Known Member

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    There is nothing that prohibits one party from contacting another party without going through the party's lawyer. The law prohibits an attorney from communicating with a represented party about the subject of the representation, but that prohibition does not apply to the parties themselves, so what you're describing is not an "ex parte communication."

    Costs for what?

    Who exactly are "they"? Not a name, but what is your relationship to "them"? Do you have a pending lawsuit against these folks?

    As explained above, that's not correct.

    One does not "go after" others for unethical tactics. If someone violated some ethical rule, that violation can be reported to the appropriate agency for investigation and possible sanctions.
     
    Michael Wechsler likes this.
  11. zddoodah

    zddoodah Well-Known Member

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    First of all, this isn't a complete sentence. "If" statements are usually followed by "then" statements or by questions. Second, in what context was this information presented, and by whom was it presented? A plaintiff or a defendant? Trial testimony? An affidavit? Something else?

    I'm not sure why you've phrased this in the second person. It makes your story unnecessarily confusing. Let's try it this way:

    A and B are opposing parties to a lawsuit. At some point in the lawsuit, A "presented [certain information] to the court." That lawsuit has concluded. A is now in a lawsuit against C and believes it would be to A's advantage to contradict the "certain information [that] was presented to the court" in the first lawsuit. That's what you're saying, correct?

    Probably, but it depends on the context and how the information was presented to the court in the first lawsuit.
     
  12. Michael Wechsler

    Michael Wechsler Administrator Staff Member

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    If what you suggest were true, lawyers would certainly enjoy the requirement to be paid by the hour for all communications between plaintiff and defendant. That said, if you have requested that they contact you only through your attorney but yet they persist with repeatedly sending a barrage of mail or email, that might constitute harassment. As @adjusterjack mentioned, unless there is something unusual and substantially disruptive, just send the letters to your insurance company. If the other party isn't complying with evidentiary requests and trying to bully you into some settlement, perhaps it's a sign of a major weakness of their case. I don't know. Best information is clearly from a discussion with your attorney. Good luck.
     

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