Class Action Versus Mass Tort

As a general overview, class action lawsuits involve a band of people in some capacity: A collective class, even bound together over the issue of a faulty product, suing a defendant, or a band of defendants, multiple negligent companies, as an example, being sued by or persons. While more class action lawsuits are filed on behalf of product liability claims, other case types end up in court, too, including shareholders suing for fraud, workers, and residents over environmental disasters.

With a case, which may be filed in either federal or state court, class action lawsuits has its pluses. Because fewer witnesses overlap, the trial process understandably moves along faster, while the cost of litigation tends to be lower than for one off plaintiffs filing alone.

Additionally, these types of cases do tend to have drawbacks. Before the lawsuit even moves forward, the prosecuting group must be named as a class. Federal courts, as well, may stop class action lawsuits if the defendants are state governments or officials or if the plaintiffs number less than {one hundred,100.

CLASS ACTION SETTLEMENTS BRUCE L. HAYS TABLE OF CONTENTS See genera/lyJohn C. Coffee,Jr., Class Wars: The Dilemma of the Mass Tort Class Action, 95 COLUM. L. REV. 1343, 1367-75 (1995). 3. C. Ex Ante Versus Ex Post Effects of the Fee Cap

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Unsophisticated and indifferent counsel versus a consortium of ten to twenty firms that specialize in class action/mass tort litigation that can fund the in order to garner the critical mass they need to support the class action claim. Sometimes this action can serve a