Forum Overview :: American McGee's Honda Civic :: Class action? For what?

[quote name="Tansin A. Darcos (TDARCOS)"]Maybe you're being facetious, but what exactly justifies a class action lawsuit, or a raising of a class? There is only grounds to file a class action - or get a court to certify one - where there is some misconduct on the part of the defendant. Incompetence is not misconduct, and act-of-God isn't misconduct either. If their hard drives plants were damaged by storms, that's act of God; there's no liability. If they built the plants incorrectly when they should have known that they were subject to being damaged, that's incompetence; there's no liability. If they built the plants in a place where they should have known it was a bad idea because conditions were likely to cause them to be damaged, that's still not misconduct and no liability ensues. If there were so many demands for hard drives that they couldn't fill demand and there were only three choices, just let orders remain unfilled until supply became available, ration orders according to size, or increase prices until those who were price sensitive dropped out of the market, well, whichever way they took is a management decision and in the absence of collusion among suppliers, that's a valid management decision and is not actionable. So, unless it can be shown that there was a conspiracy among suppliers to raise prices by withholding supply or in some way colluding to tamper with market forces, there's no liability and a judge won't certify a class action. But even if there was, at that, a customer who was shut out of supply might have a cause of action, the consumers who buy from the customer are not. Now, if you can prove the manufacturers colluded with <i>retailers</i> to keep prices high, <i>then</i> there might be grounds to argue class action. Until then, well...[/quote]