Class Actions
Chavez & Gertler is one of the nation's leading class action law firms. A class action is a type of lawsuit where one or more individuals sue on behalf of a larger group, or a class. To be successful, the class must have legal and factual issues that are common to its members. The subject matter of a class action can vary widely. These cases frequently fall into the following categories:

• employees who are not being paid the wages they are entitled to;
• consumers who are harmed by unfair or unlawful corporate business practices;
• small businesses and consumers who have paid inflated prices for goods and services because of anticompetitive practices of corporations;
• employees or other individuals who have suffered from a pattern and practice of discrimination on the basis of race, gender, age or disability;
• policyholders whose rights have been violated by insurance companies;
• investors who suffer losses because of fraudulent behavior in connection with the offering and sale of securities, such as stocks; and
• homeowners or other residents who suffer damage to their property as a result of an environmental disaster such as a toxic spill.

Class actions are designed to advance important public policy goals. In a class action, individuals have the power to halt and obtain compensation for a broad range of corporate misconduct. Individually they would not have the leverage to obtain meaningful relief. And as a practical matter, they could not even bring a lawsuit because the individual damages would not be sufficient to justify the expense of the case. But by proceeding as a class, these same individuals can be a powerful tool for progressive change and provide a remedy for literally thousands of others.

Class actions are often commenced by one, or a just few persistent individuals. If you think you have been harmed by an unlawful, unfair, or deceptive practice, please contact us, and we can assess whether the claims are appropriate for class action treatment.

Personal Injury
Chavez & Gertler also has a leading personal injury practice. The firm represents individuals who have been seriously harmed in accidents as a result of negligent conduct. Over the past decade, the firm has achieved a series of multimillion dollar verdicts and settlements for its clients. These cases not only provide compensation for victims and their families, but have the promise of bringing change, such as safer working conditions for many others.

Recently, the firm won a major trial victory against Burlington Northern, one of the largest railroads in the nation. The case arose from a collision at a railroad crossing between a train and a utility truck driver. The driver suffered traumatic brain damage and spinal fractures. The trial, which was handled by Chavez & Gertler partner Jonathan Gertler, lasted about nine weeks.

The jury found that the railroad was negligent in causing the collision at an unmarked and unsafe railroad crossing, and rendered a total verdict of almost $9 million. The jury also found that the railroad acted despicably, and ordered it to pay $2 million in punishment or punitive damages for consciously disregarding the safety of the public. At the end of the trial, a railroad executive agreed in open court to inspect all 10,000 or so of its private railroad crossings to make sure they are not unsafe and make them safe where necessary. Pietrowski v. BNSF RR, Case No. C 02-00335 (Contra Costa County Superior Court).

If you or a family member has suffered a serious injury as a result of negligence or other improper conduct, please contact us.