Class Actions

A class action lawsuit is when a group of people sue a company due to same or similar injuries caused by one product. Class action lawsuits allow one or more plaintiffs to file a lawsuit on behalf of a “group” of people who were wronged by the defendant. Depending on the type of class action, these lawsuits can be filed through state or federal court. The purpose of a class action lawsuit is to provide financial or physical compensation to a large group of people who withstood the same or similar injuries due to negligence of the defendant. The most common type of compensation comes in the form of financial relief.

History of Potts Law Firm and Class Action Lawsuits

  • Griddy Electric
  • Symmetry Energy
  • MidAmerican Energy
  • Amusement Park Season Pass
  • Ski Pass Insurance
  • Travel Insurance (Generali)
  • Diestel Turkey
  • Ostrim
  • Arch Insurance

History of the Class Action Lawsuit

Class Action Lawsuits or “group litigations” can be traced back to the early 1200s in England. During this time class actions were somewhat of a norm. When the 1400s rolled around group litigations were more of an exception in England. Fast forward to early 1800s. Supreme Court Associate Justice Joseph Story influenced the class action litigation to survive in the American court system. The United States Federal Equity Rule 48 is known to be the earlies predecessor of the class action lawsuit. This rule allowed for representative suits when there were too many individual parties involved. Through the years, Rule 48 changed and eventually became Rule 23 of the Federal Rules of Civil Procedure in 1938. In 1966, the Federal Rules of Civil Procedure had a major revision to Rule 23 and allowed for the option to opt-out in a class action litigation. This was the year that the modern class action lawsuit was born.

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  • I had a wonderful experience with this law firm.

    “They were able to complete it in a timely manner and were great at keeping me up to date with communication throughout the entire process. I highly recommend using this law firm if the need arises.”

    - Stephen P.
  • I wouldn’t hesitate to recommend him or any of the team at Potts.

    “Michael Bins has been extremely helpful in helping us to navigate a situation with an insurance claim on a commercial property. He’s gone above and beyond in moving our case toward a positive resolution that we’re satisfied with.”

    - Theo C.
  • The Potts Law Firm is a powerhouse of brilliant attorneys.

    “They know the law from every angle, dig deep, and will not accept anything less than what was asked in the original suit. The Potts team never backed down until the case was settled in full.”

    - Molly H.
  • I would recommend Potts Law Firm for any and all legal matters that come my way in the future!

    “The Potts Law Firm answered all of my numerous questions in layman’s terms which is what I needed. I was able to lie back & heal from my injuries knowing full well that my obligations were being handled appropriately.”

    - W. Gary
  • Great law firm!

    “Very responsive they would call and text me about everything going down! They helped me get through my car crash and I would greatly recommend this team!”

    - Hugo G.

What is a Class Action Lawsuit?

A class action lawsuit is when a group of people sue a company due to same or similar injuries caused by one product. Class action lawsuits allow one or more plaintiffs to file a lawsuit on behalf of a “group” of people who were wronged by the defendant. Depending on the type of class action, these lawsuits can be filed through state or federal court.

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Explore our past successes
  • Transvaginal Mesh Settlements Over $1 Billion

    The Potts Law Firm and its joint venture partners have been successful in resolving over $1 billion in transvaginal mesh settlements. Derek H. Potts was one of a handful of plaintiffs’ lawyers from around the country who spearheaded the establishment of what would become the largest medical device MDL consolidations in history.

  • Kugel Mesh Hernia Patch $184 Million

    Derek H. Potts was a member of the Kugel Mesh MDL Plaintiffs Steering Committee which was instrumental in obtaining a $184,000,000 global settlement for several thousand persons who had received the Kugel Mesh hernia patch.

  • ERISA Class Action Settlement $36 Million

    Potts Law Firm served as class counsel in the ERISA class action, Diebold, et al. v. Northern Trust Investments, N.A. et al., 09-Civ-1934 (Diebold), in the United States District Court for the Northern District of Illinois where the Court approved a collective settlement of $36 million dollars for class representatives resulting in millions of dollars returned to investors.

  • Paraplegic Minor $12 Million

    Derek H. Potts and Timothy L. Sifers obtained a $12,100,000 verdict against Lisa Gard, M.D. for medical malpractice involving a minor. The jury found the Salina emergency room doctor to be negligent in her assessment of the minor upon presentation in the emergency room, failing to timely diagnose a rare spinal condition. The case was one of the largest verdicts in history in the State of Kansas.

  • Fraud Against Lender $10.7 Million

    Potts Law Firm represented a United States Bankruptcy Trustee. The case stemmed from the massive bankruptcy of Royce Homes, one of the largest homebuilders in the country.  Micah and Chris represented the bankruptcy Trustee against a multitude of defendants, including the chief Lender,  for claims related to the homebuilder’s downfall and the fraudulent transfer of assets from the rightful owners, the creditors.

  • Birth Injury $4.6 Million

    Derek H. Potts and Samuel Cullan were members of the plaintiff's trial team which obtained a $4,600,000 verdict for a minor delivered at Bethany Medical Center. Ariana Wilburn, the minor, suffered a spinal cord presentation after being born in the breech position.

  • Hypoxic-Ischemic Birth Injury $3.5 Million

    Potts Law Firm secured a $3,500,000 settlement for a single mother whose infant suffered severe brain damage while being delivered in a New Mexico hospital. The mother, having no previous pregnancy or medical issues, began laboring and immediately went to a hospital. Despite the clear signs of fetal distress and hypoxia (lack of oxygen), the doctor and nurse did not order an emergency cesarean section.

  • Fraudulent Transfers $2.42 Million

    Potts Law Firm represented a Bankruptcy Trustee, resulting in a combined $2.42 million being recovered for creditors of ATP Oil & Gas Company. The claims related to fraudulent transfers of overriding royalty interests in oil & gas properties made by ATP in a failed attempt to liquidate the assets of the company.

  • Catastrophic Injuries $3.5 Million

    Derek H. Potts was co-lead counsel with Thomas Cartmell in representing John Novogradac of Kansas City whose health was neglected during his stay at two nursing home facilities. Mr. Novogradac developed bedsores on his body and had above-knee amputations on both legs after his wounds became severely infected with gangrenous and dead tissue.

  • Pharmaceutical Birth Defect $1.05 Million

    Potts Law Firm secured a $1,050,000 settlement for a mother whose infant suffered birth defects from a pharmaceutical drug that was taken during pregnancy. Though the migraine drug manufacturer knew the medication could cause a fetus to develop a cleft lip and/or cleft palate when consumed by the mother during the early stages of pregnancy, they failed to warn consumers about these dangers.

Frequently Asked Questions

What is a mass action?

A mass action occurs when numerous people file suit against a wrongdoer. They bring similar claims against the defendant. Each person represents himself or herself, rather than representing a class of people. The most common mass action involves tort claims. Mass actions can be pursued in state or federal court.

What is a Multi-District Litigation (MDL)?

A multi-district litigation is a consolidated proceeding, in which lawsuits are centralized in one court. The lawsuits have operative facts in common and typically remain in the MDL throughout pre-trial. This type of proceeding is meant to promote efficiency. An MDL can take place in state or federal court.

How is money split in a class action lawsuit?

If a class action lawsuit results in financial compensation, the money is divided among the class members.

Will I owe the law firm money if we don’t win my case?

No, you will not owe the firm/attorney anything if we don’t win your case, this is a gamble that the firm takes and must consider when taking a new case.


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