When multiple people are harmed by the same issue - like defective products or corporate misconduct - they can seek justice through mass action claims or class action lawsuits. While both approaches aim to hold defendants accountable, they differ in how cases are managed and how plaintiffs are treated.

• Mass Action Claims (sometimes known as Mass Torts): Each person files an individual lawsuit, retains their own attorney, and has control over decisions like settlements. Compensation is personalized based on specific damages.

• Class Action Lawsuits: A group is represented by a lead plaintiff(s) in a single case. Settlements are shared among all members, and individuals have limited control.

Quick Comparison

Choosing the right option depends on the severity of your damages, your need for control, and the similarity of your case to others. Mass actions suit cases with unique damages, while class actions work best for widespread harm with uniform claims.

Class Action vs. Mass Tort: Know the Difference

What Are Mass Action Claims

A mass action claim (also known as a mass tort) is a type of civil legal case where multiple people file separate claims against the same defendant for harm caused by a common issue. Unlike other collective legal actions, mass action cases allow you to maintain control over your individual claim while benefiting from shared legal resources and expertise.

"In a mass tort, each person maintains their own individual case, even though all claims stem from the same underlying cause."

• Gordon, Wolf & Carney [4]

What makes mass actions unique is the emphasis on individual control. As a plaintiff, you keep full ownership of your case. This means you can choose your own attorney, decide whether to accept a settlement, and seek compensation tailored to your specific injuries and losses. While the harm may arise from the same source, the effects on each person can vary widely. This structure ensures that your legal rights remain intact throughout the process.

How Mass Action Claims Work

Mass action claims strike a balance between individual rights and collective efficiency. Each plaintiff files their own lawsuit, but these cases are often grouped together for pre-trial proceedings through a process called multi-district litigation (MDL). MDL helps streamline the legal process by consolidating discovery, evidence collection, and other initial steps without merging the cases into one.

"The main distinction is that in a mass tort, each plaintiff remains an individual party with full rights. In a class action, all participating plaintiffs are subject to the decisions made by one or a few individuals who represent the class."

• Bridgford Law [1]

During MDL, attorneys from different cases collaborate by sharing resources and expertise, building a stronger collective case against the defendant. However, each plaintiff retains control over their own decisions, including whether to settle or proceed to trial. This setup allows for compensation tailored to each person’s unique circumstances, reflecting the specific injuries and losses they’ve endured. This individualized approach is a defining feature of mass actions, setting them apart from class actions.

When Mass Action Claims Are Used

Mass action claims are typically pursued when the harm caused by a defendant affects many people, but the injuries and damages differ significantly from one person to another. These cases often arise in situations like defective medical devices, harmful pharmaceutical side effects, toxic chemical exposures, industrial accidents, or faulty consumer products.

To qualify for a mass action claim, individuals must demonstrate that their injuries are directly linked to the defendant’s negligence. While the harm may stem from a common source, the specific impact on each person’s health, finances, or well-being often varies. Proper documentation is crucial to establish the connection between the harm and the defendant’s actions.

These cases often require extensive scientific and medical evidence to prove causation, making them resource-intensive. However, the collaborative nature of mass action litigation gives plaintiffs access to thorough investigations and expert testimony that might be out of reach in an individual lawsuit. This approach not only strengthens the case but also ensures that outcomes reflect the unique circumstances of each plaintiff. By focusing on individual rights within a collective framework, mass actions provide a powerful legal tool for those seeking justice.

What Are Class Action Lawsuits

A class action lawsuit allows one or more plaintiffs to represent a larger group of people who have suffered similar harm from the same defendant. This approach makes it easier for courts to handle cases that would be overwhelming if filed individually.

"The class action device saves the resources of both the courts and the parties by permitting an issue potentially affecting every [class member] to be litigated in an economical fashion."

• General Telephone Co. v. Falcon [6]

Unlike mass actions, where individuals retain separate representation, class actions bring everyone together under a lead plaintiff or plaintiffs. These lead plaintiffs act on behalf of the entire group, and the lawsuit's outcome applies to all members - even those who don't actively participate - unless they opt out.

Class actions are most common when at least 40 people have been harmed in the same way by the same defendant [7]. This legal approach is particularly useful for addressing widespread issues efficiently, especially when individual lawsuits would be too costly or impractical.

How Class Action Lawsuits Work

The process begins when a court certifies a class after the lawsuit is filed. Certification follows the guidelines in Federal Rule of Civil Procedure 23 [9], which sets four main requirements:

• Numerosity: The group is too large for individual lawsuits to be practical.

• Commonality: Members share legal or factual questions.

• Typicality: The lead plaintiff's claims are representative of the group.

• Adequacy: The lead plaintiffs will fairly represent the group's interests [8].

Once the court certifies the class, the lead plaintiffs take charge of decisions like settlement negotiations and trial strategies. Members of the class are usually notified about the lawsuit and may have the chance to opt out. However, the binding nature of class actions means that once the case is resolved - whether through a settlement or a trial verdict - all members are bound by the outcome.

This collective approach stands in contrast to mass actions, where individuals maintain more control over their cases. The differences highlight the distinct ways these legal tools address group claims.

When Class Action Lawsuits Are Used

Class actions are particularly effective for addressing widespread harm that affects many people in small but significant ways. For example, they are often used in cases involving small financial losses that wouldn’t justify individual lawsuits [10]. Common areas include consumer fraud, data breaches, defective products, employment law violations, and environmental disasters.

Take consumer fraud and data breaches, for instance. According to the Privacy Rights Clearinghouse, nearly 8,700 data breach incidents have exposed over 11 billion records since 2005 [12]. Major settlements like the Tobacco Master Settlement ($206 billion over 25 years), BP Deepwater Horizon ($20.8 billion), and the Volkswagen emissions scandal illustrate how class actions can hold companies accountable [11].

Class actions also play a critical role in addressing systemic issues such as employment discrimination, securities fraud, and antitrust violations - problems that might otherwise go unresolved due to the difficulty of pursuing individual claims.

"Class-action lawsuits are an important and valuable part of the legal system when they permit the fair and efficient resolution of legitimate claims of numerous parties by allowing the claims to be aggregated into a single action against a defendant that has allegedly caused harm."

• Preamble to the Class Action Fairness Act of 2005 [7]