Cartersville, GA asked in Civil Rights, Native American Law and Personal Injury for Georgia

Q: how do I go about creating a class action lawsuit? just for me and a few people of my town?

With the last election we are having some problems with some people wanting to run a whole community out of their homes. One neighborhood above my home, and mine and my neighbors. There is a company that wants to build 600 homes behind our houses. you know I can't tell them what to do with their land. But this piece of property has a unactive but dangerous Faultline and some very dangerous minerals. Many people in the neighborhood we had a townhall meeting, to which a lot of people felt as they were being ran out of their homes. A neighbor next to me ask if i was going to sale, I said no then 150, not joking 911 calls later, with my husband getting locked up for firing a gun in the area. It has caused him and I to have fights, many of them. It's effected our jobs our life our sanity our mental state. We have had chemical tort and measured high at times Rf frequency coming into our home. This land is tribal lands that was given back in the 1800S and lottery

1 Lawyer Answer
Tim Akpinar
Tim Akpinar
  • Little Neck, NY

A: Your question sounds like it could involve a number of different legal areas, and you await a response for two weeks. The short answer is that you and your neighbors could consider a consult with a law firm that has experience with class actions. It would be difficult for an attorney to offer instructions of any substance about starting a class action lawsuit within the brief format of this forum. You could look at Rule 23 of the Federal Rules of Civil Procedure for some of the basic aspects of the formation of a class, and procedural issues that arise in such lawsuits.

Class action lawsuits can cover a wide range of matters, from consumer refunds to pharmaceuticals. Based on your description, you mention "chemical tort." There is an area of law known as Toxic Tort law, related to environmental and exposure to harmful substances. You also mention Tribal lands, which could mean insight into Native American Law. There could be a number of issues to sort out here. Maybe starting with some phone calls or online queries could help you and your community get pointed in the right direction in terms of what type of law firm is best suited to offer guidance here. Good luck

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