Mass Tort and Class Action

Mass tort and class action cases are easily confused with one another because they both:

• Represent a group of individuals with similar complaints
• Are brought against the same individual, company or group
• Seek damages for past or ongoing grievances
• Provide for the restitution of wrongs committed against multiple individuals through a single trial

The differences between mass tort and class action are most easily defined by stating:

Mass tort treats each plaintiff as an individual.

Class action treats all group members as an individual plaintiff.

Determining whether to proceed with litigation on a mass tort or class action basis can be a difficult decision.  In most cases the prosecuting attorneys will recommend the plaintiff proceed via the option which has the most potential for restitution.

It is ultimately the judge’s decision whether class certification will be granted.  Sometimes class action is not granted based on the decision that plaintiff’s grievances are too varied to be tried under the same judgment.  In cases such as those against tobacco companies, individual circumstances must sometimes be considered separately.

Class Action

Class action lawsuits are not treated the same in every state.  Virginia, for example, does not provide for any class actions.  Most states have varying regulations regarding class action cases, and it is important to secure legal representation that is familiar with the laws in your states

It is also possible to have a federal class action lawsuit.  These lawsuits must deal with a controversy in excess of $5,000,000 and meet one of the following three requirements:

• The defendant is a citizen of a different state than any of the plaintiffs
• Any of the plaintiffs is a U.S. citizen and the defendant is a foreign citizen or a foreign country
• Any of the plaintiffs is a foreign citizen or state, and the defendant is a U.S. citizen

Though the ruling of a class action case treats all the plaintiffs as one individual, this does not mean that each plaintiff will receive equal damages if the defendant is found guilty.  For example, employees might bring a case against an employer who knowingly allowed them to work in a toxic environment without making the employees aware of the danger.  In this instance, employees who worked with the employer for a longer period, or who suffered from greater exposure to the toxins, may be awarded greater restitution than those with lesser complaints.  How the rewarded funds will be divided is often determined before the case goes to court.

Mass Tort

Mass tort cases treat each plaintiff as an individual.  Though the ruling of guilt is generally determined across the board, awards are made on an individual basis and may have varying details to consider.  The most common kinds of tort are:

• Disaster Tort
• Toxic Tort
• Product Liability Tort

General and Special Damages

Two types of damages are awarded in mass tort cases:

General damages – Includes compensation for non-monetary losses, such as loss of companionship, pain and suffering, disfigurement, loss of reputation, impairment, and so on.

Special damages – Compensates the plaintiff for monetary losses, such as extra costs, lost earnings both past and future, loss of irreplaceable items, etc.