Class Action

A class action is a lawsuit in which one or a few named plaintiffs sue on behalf of a much larger group of people who all suffered similar harm from the same defendant's conduct. A court must formally "certify" the class before the case can proceed this way, and any judgment or settlement generally binds every class member who does not opt out.

Origin

Group litigation traces back to English "bill of peace" practice in the 17th and 18th centuries, but the modern American class action took shape with Rule 23 of the Federal Rules of Civil Procedure, adopted in 1938 and substantially revised in 1966 to create the modern certification framework.

Significance in Asbestos Context

Despite common belief, true class actions are rarely used today for asbestos personal injury claims. The U.S. Supreme Court in Amchem Products, Inc. v. Windsor (1997) and Ortiz v. Fibreboard (1999) rejected sweeping asbestos class settlements, holding that individual differences in exposure, disease, and damages make most asbestos cases unsuitable for class treatment. Instead, asbestos victims today usually pursue their claims individually through multidistrict litigation (MDL), state court consolidations, or claims against asbestos bankruptcy trusts. Understanding this matters because patients are sometimes confused by advertisements suggesting they can "join a class action". In reality, each asbestos claimant typically has their own separate case tailored to their specific exposure history, diagnosis, and damages.

Example Sentence

When the patient asked whether she should join a class action against the insulation manufacturer, her attorney explained that mesothelioma cases are almost always filed individually because each person's exposure and prognosis is different.

Related Terms

Mass Tort, Multidistrict Litigation, Asbestos Trust, Consolidation, Bankruptcy Trust Claim, Amchem v. Windsor

Notes

• Be cautious of advertising that promises to "add you to a class action" for mesothelioma or lung cancer. Ask specifically whether your case would be filed individually, as part of an MDL, or as a trust claim.
• If you are contacted about a proposed class settlement, read the notice carefully and note any deadline to opt out; staying in a class may waive your right to file your own individual case for a much larger recovery.
• Preserve all employment records, product identification information, and medical records regardless of which procedural vehicle is used. Individual proof of exposure and disease is what drives compensation in asbestos cases.
• Ask any attorney you interview how many asbestos cases they handle individually versus through aggregate proceedings, and what your projected recovery would look like under each approach.