Frequently Asked Questions

A class action shareholder lawsuit is where a number of shareholders who have similar claims and who have been damaged in similar ways consolidate their claims into a single lawsuit. If the suit prevails, damages are awarded to individual shareholders in the class. This is also called a shareholder class action.

Q. What is a class action shareholder lawsuit?

Insurance bad faith is a legal term that describes when an insurance company has not acted reasonably and fairly in resolving a claim under its policy. Examples of insurance bad faith include denying or limiting claims without a reasonable basis or excessive and unreasonable delays in processing your claim. Denying a claim that is later found to be valid does not in itself imply bad faith; the insurer must have acted without reasonable justification.

Q. What is insurance bad faith?

It is an unfortunate reality that some people and companies engage in improper behavior and rely on the sometimes high cost of litigation to deter their victims from coming forward. The Wagner Firm is opposed to this practice and regards it as a source of potential injustice. As such, we often takes cases on a partial contingent basis. That means that some our fees would be waived and instead, we would receive a portion of the funds we recover on your behalf.

Q.  I might have a claim against another individual or organization, but I don’t have the money to fight them in court.

Please feel free to fill out the contact form at the bottom of this page or call us at 310-491-7949 for a free and completely confidential and private consultation, without obligation.

Q.  What if I have information about a potential case but am not sure whether I would be entitled to receive compensation?

Both a breach of contract suit and a tort can recover money that should have been owing to you. A tort can also enable you to win punitive damages, which means that you get additional money beyond what was owed to you, to punish the wrongdoer for its bad faith. An experienced attorney can advise you on the right course of action here; it will depend on the details of your case and where you live.

Q.  What is the difference between a breach of contract suit and a tort?

A direct action is where one or more shareholders sue the corporation. An indirect action is where one or more shareholders sue one or more third parties, on behalf of the corporation. Indirect actions are often filed against directors and/or officers of the corporation where these directors and/or officers have failed to protect the interests of the corporation and/or where they are involved in the alleged wrongdoing.

Q. As a shareholder, what is the difference between an direct action (lawsuit) and an indirect action?

Normally monetary awards in an indirect action would go to the corporation itself, since in this case shareholders would be suing on behalf of the corporation as opposed to in their own right.

Q. If an indirect shareholder action is successful, who gets the money?

In general, no. Normally, a shareholder would need to have been an active shareholder at the time of the wrongdoing. It may even be impermissible for a shareholder who bought shares after the alleged wrongdoing to try to convince shareholders who had shares at the time of the wrongdoing to pursue legal action. It is important to seek qualified and experienced legal counsel to help work through your options.

Q. Can I sue a company for actions committed before I bought shares?

Yes. You are not required to retain ownership of the securities to pursue a claim of securities fraud, provided that your claim meets all other relevant criteria.

Q. Can I sue a company if I have already sold my shares?

Q. What if I am aware of wrongdoing by a company or its officers and/or directors, but I am not a shareholder or was not a shareholder at the time of the alleged wrongdoing?

These types of situations can be very tricky and it is very important that you seek the advice of an attorney who is experienced in this area of law. The Wagner Group provides free, confidential consultations in these situations so that you can protect your rights while reducing liability. There is a contact form on the bottom of this page

No. If multiple class action lawsuits have been filed, the courts will generally consolidate these into one case. Being represented by more than one law firm for the same claim may slow down your recovery and will not increase the likelihood or the amount of damages that you might recover.

Q.  I might have a securities fraud claim, but it looks like more than one law firm is representing plaintiffs.  Do I need to contact them all?

The Wagner Firm has an unparalleled reputation for integrity and getting results for clients. Since 2008 we have recovered many millions of dollars for clients while pursuing their claims in a discrete, effective, and professional manner. The Wagner Firm specializes in fraud, securities litigation, and insurance lawsuits. We know the major players, we know the system, and we know how judges and juries are likely to respond to different arguments and claims. Our contingent fee structure means that we can only truly succeed when our clients succeed, which is the way we like it.

Q.  Why should the Wagner Firm represent me?

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Please be aware that submission of this form, or contacting our firm directly, does not itself establish an attorney-client relationship. Please do not use this form to submit confidential, privileged, or sensitive information. The information submitted on this form is not privileged.