In fact, the comment to FRCP 23(b)(3) explicitly cautions against the use of the class action device in mass tort cases. Mass torts can include such things as injuries from pharmaceutical drugs, large scale accidents and even products liability claims. Mass Torts Sometimes Are Not The Right Fit For Class ActionsĪ common example of claims that are sometimes not appropriate as class actions are mass torts, where multiple people are injured such as in a large accident. How similar are the plaintiffs claims in regard to both commonality and typicality?.How many plaintiffs can be practically joined? Can they represent others or just themselves?.Here are some considerations to keep in mind when making this decision with your clients: Sometimes the decision of which type of action to pursue is easy, while other times there is some strategy and weighing of options involved, as well as legal considerations of whether the proposed class meets the criteria for certification. These two types of procedural mechanisms for bringing a group of claims together are appropriate under different circumstances, and each have their own pros and cons. If you believe bringing the claims as a group would be more beneficial for purposes of economy of scale, greater bargaining power collectively, and efficiency, the next issue that needs to be decided is whether to pursue the case as a class action or a mass action. Before filing a case on behalf of multiple people who have been injured, either physically or monetarily, an initial decision must be made of whether to bring each person’s claims individually, or as a group.
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