How does a class action lawsuit differ from a class action arbitration?
A class action lawsuit and class action arbitration both involve multiple parties taking legal action against one or more defendants, but there are some key differences in how the case is handled. In a class action lawsuit, all members of the class action (all the plaintiffs) join together in a unified lawsuit that is generally open to anyone who meets the qualifications. Each plaintiff is seeking relief from the defendants for the same or similar types of harm. The case is heard by a judge and jury, who decide the facts of the case and the amount of damages, if any, to be awarded to the plaintiffs. In class action arbitration, the class action is heard by a neutral arbitrator instead of a judge and jury. This type of case is usually limited to fewer people. The purpose of the arbitration is to create an efficient and cost-effective way to help the parties settle their disputes without having to go to court. The arbitrator hears evidence and determines the outcome of the dispute, which can include paying damages or making other arrangements to settle the dispute. In both a class action lawsuit and class action arbitration, the parties must agree on a settlement or the case will go back to a court of law. In Kansas, class action cases can be heard in state or federal court, depending on the circumstances.
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