How Class Action Lawsuits and Mass

A partner at Keating Muething & Klekamp PLL, in Ohio, Bethany Palmer Recht represents trustees of qualified settlement funds and settlement trusts. Formerly serving as an attorney for DLA Piper, LLP, Bethany Recht also represents different entities operating in the mass tort space.

Mass torts are similar to class action lawsuits in that they both consist of plaintiffs who share the same grievance with a defendant. The plaintiffs involved in either type of litigation allege that their common defendant caused harm in some way and seek compensation for these damages.

Despite these similarities, however, mass torts and class actions are handled differently and are two distinct types of litigation. With a mass tort, the group of injured plaintiffs is often smaller than in a class action suit. These plaintiffs are each treated as individuals, but they are connected in some way, such as all being from the same geographic area. Since plaintiffs are seen as individuals, they each must prove how the defendant allegedly injured them.

In class action suits, on the other hand, an individual known as a class representative represents the entire group of plaintiffs. The group is seen as a single entity and not as individuals belonging to a group. When a class action is filed, all individuals in the class must be notified. This gives them the opportunity to find their own counsel or opt out of litigation entirely.