The courts have a system in place to handle large numbers of plaintiffs and defendants in complex multi-party litigation, such as mass torts cases. This measure is necessary because hearing individual cases when there are a large number of plaintiffs is too inefficient. However, some plaintiffs seek a different approach. Class action lawsuits and mass tort litigation are two ways in which the court system can deal with large numbers of injured plaintiffs more efficiently. The main distinction between a class action lawsuit and a mass tort lawsuit is the consolidation of the groups.
In a class action lawsuit, all members of the class must allege an injury on the part of the same defendant, while in mass tort litigation, the group of plaintiffs must present evidence of the full range of their damages. Class action lawsuits consolidate the judicial action throughout the entire process, while mass torts only consolidate for pre-trial proceedings. A recent study conducted by Burch from the University of Georgia and Williams from Vanderbilt University School of Law suggests that those accused of mass torts could have been the main beneficiaries. While many massive grievances are settled after the most important cases, others are still being tried in their original jurisdiction. Class action lawsuits and massive tort litigation are two effective ways for courts to handle large numbers of similar cases quickly and efficiently. Despite their similarities, there are significant procedural differences between them.
It is essential to understand these differences in order to determine which approach is best for a particular situation.
