by Scott Michelman, attorney, Public Citizen Litigation Group Michelman wrote the plaintiffs’ successful petition to appeal in Roach v. T.L. Cannon, and will brief and argue the case before the Second Circuit.
When big corporations have a legal problem, they usually have no shortage of legal help - from lawyers on their own payroll or from large law firms to whom they pay hundreds of dollars an hour.
When ordinary wage-earners have a legal problem - such as being underpaid at work - obtaining relief can be a bigger challenge. Most people can't afford to hire a big law firm, and even if the amount of a legal dispute is significant to the individual, it may not be large enough to entice a for-profit lawyer to take the case.
One of our system's most important tools for leveling the playing field and providing access to the courts is the class action. This device enables people who have been wronged in a similar way to join together to pursue relief in court. Even if the value of the case to each individual is small, the aggregation of the claims makes the case big enough for a lawyer to pursue it.