Class Action Lawsuits & Mass Tort Claims
When a large group of people is involved in any type of lawsuit it may be referred to as a class action suit. Class actions can be taken by individuals who collectively decide to bring a claim to court on behalf of all persons involved; they may also be filed on behalf of a group (or class) of defendants that is being sued for the same issue or set of issues. Class actions are governed by the Federal Rules of Civil Procedure Rule 23 and 28 U.S.C.A. §1332(d). If the amount in controversy exceeds $5,000,000 and certain circumstances are met, then the federal districts courts will be awarded original jurisdiction over the civil action lawsuit that was filed.
About Cases Involving Mass Tort
Groups of individuals, as well as business entities, that suffer from a common personal injury or set of injuries have the right to bring their case to the courts. This will likely be done through a class action suit. Often, the reasons for such suits are issues which could affect a large number of people; issues such as defective products or property contamination. The number of people that an unsafe product or a toxic environment could affect is sometimes unimaginable. Therefore, one or maybe several plaintiffs will be named on behalf of an entire class of persons.
In common law jurisdictions, a tort is simply defined as a personal injury caused by the irresponsible actions of another person. A mass tort, on the other hand, occurs when this person or company's actions affect a large number of people. Commonly referred to as a class action lawsuit, a mass tort is something that causes serious injury or even death to a group of individuals. However, some mass tort cases may not be suited for "class" treatment, due to individual circumstances. Additionally, some mass torts provide high awards to injury victims.
Are Class Action & MDL Cases the Same?
While multidistrict litigation (MDL) cases appear quite similar to class action lawsuits, the two are actually different from one another. MDL is actually a way in which class actions can be consolidated for pre-trial purposes. When a particularly large lawsuit is brought before the federal courts, there is a great chance that it will be handled in multidistrict litigation first. However, cases vary and the only way to truly feel confident in the proceedings of your case will be by aligning yourself with a personal injury attorney who can help you tackle every aspect of your lawsuit.
Filing Mass Tort & Class Action Cases in Houston, TX
Due to size alone, class action lawsuits are often complex matters that can take time to pursue. Due process usually requires that there be mass notification of the case and its proceedings. From the first notice of legal action, all the way through to the end of your case, there is no telling what may arise along the way. Fortunately, for those in need of a superior class action law firm there is help to be found at Arnold & Itkin LLP.
With a thorough understanding of the law, particularly as it pertains to class action suits and personal injury cases, there is no case too complicated for our firm to handle. We have successfully won billions of dollars for the damages and injuries from which they have wrongfully suffered. We know what it takes to effectively represent our clients.