Class Actions and Mass Torts
Class Action lawsuits and Mass Tort Lawsuits share the general goal of efficiently resolving claims that affect large numbers of people. And, each type of action involves special procedures for managing potentially difficult and complex issues.
The History of Class Actions
The class action originated in England in the 1700’s. It continues to provide a mechanism for obtaining justice on behalf of large numbers of people in a single lawsuit.
Class action practice involves an understanding and appreciation of the United States Constitution and Individual State’s Constitutions (as to concepts of due process, notice and jurisdiction).
Class Actions Lawsuits are typically litigated on behalf of a single class representative who, when chosen, will fairly and adequately protect the interests of all the class members.
The History of Mass Torts
The modern Mass Tort was essentially created in 1968 by an act of Congress that formed the United States Judicial Panel on Multidistrict Litigation, known informally as the MDL Panel.
The job of the Panel is to determine whether civil actions pending in different federal districts should be transferred to one federal district for coordinated proceedings; and select the judge or judges and court assigned to conduct such proceedings.
Mass Tort Lawsuits, unlike the Class Action Lawsuit, looks at the unique issues of each person who has made a claim. Each individual’s claim is investigated so there is no “class representative” like we see in a Class Action Lawsuit.
Finally, since the all the claims in a single mass tort are “similar” work on behalf of a single plaintiff in a Mass Tort can be shared among all Mass Tort plaintiffs.
The DiCello Law Firm and Class Actions and Mass Torts
Finally, both Class Action and Mass Tort Lawsuits often involve nationwide networks of lawyers that pool resources, information and ideas to ensure all individuals receive fair settlements and compensation. The DiCello Law Firm has been working to become apart of those networks to ensure our clients are properly taken care of.
The DiCello Law Firm is currently involved in the following Mass Torts and Class Actions:
- The Stryker Rejuvenate and ABG-II modular hip implant recall
- The MentorObtape MDL
- The Transvaginal Mesh MDLs
- The Depuy ASR MDL
- The Tainted Epidural Steriod Shots
- The GranuFlo and NaturaLyte recall
- The Propecia and Proscar MDL
- The Actos MDL
- The Fairport Harbor Class Action
- The Imprelis Herbicide Class Action