Class Action Lawsuit
Class action lawsuits are filed by a single or multiple
claimants representing a much larger group of people alleging the same
complaint. Mesothelioma patients and their loved ones rarely file these.
Instead, they hire an individual attorney to focus solely on their
case.
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Class action lawsuits involving mesothelioma and asbestos began
surfacing in the late 1960s after the public became aware of the
serious health hazards associated with asbestos exposure. Since,
judges have resorted to a number of procedural methods to manage asbestos claims
that now number in the millions. In the American judicial system, class
action lawsuits long have been a way to resolve disagreements
involving similar claimants with similar injuries and defendants.
Compared to other mass torts, however, class actions have not been
widely used in asbestos cases.
A class action lawsuit is a claim in which a group of people
collectively bring a complaint to court. These types of lawsuits are
filed against a defendant by one or more plaintiffs on behalf of a
group of "similarly situated"
people. State and federal courts have their own procedural rules
governing class actions. Generally, in order to maintain a class action
lawsuit, the group must share similar injuries caused by shared
circumstances that raise the same legal issues. If the court determines
that there are sufficient similarities and that separate lawsuits
would be impractical or burdensome, it will certify the group as a
class and allow them to litigate their case collectively.
Mesothelioma class actions typically are
filed against companies that knew the dangers of asbestos exposure but
did not inform employees of the risks. Manufacturers and distributors
of asbestos-containing products, mining and construction companies and
shipbuilders are often named as defendants in these types of class
actions.
History of Mesothelioma and Asbestos Class Actions
About 20 years after the first mesothelioma and asbestos
class action lawsuits were filed, the number of cases grew to about
20,000. As awareness about asbestos related diseases increased and
doctors diagnosed more people with mesothelioma cancer, the number of
claims escalated to about 750,000 in another 20 years. Judges were
aware of the overwhelming number of claims and the difficulty of
managing so many. In 1991, federal asbestos cases were consolidated in
the U.S. District Court for the Eastern District of Pennsylvania for
pre-trial purposes. Multi-district asbestos litigation continues to be
heard in this court, and is known as MDL 875.
U.S. District Court for the Eastern District of Pennsylvania
Georgine v. Amchem Inc.
Shortly after the cases were transferred to the MDL,
many expected that the presiding judge would facilitate a global
settlement between the major asbestos defendants and plaintiffs'
attorneys. When this effort failed, a group asbestos manufacturers, who
had formed the Center for Claims Resolution (CCR), and major
plaintiff's firms attempted to negotiate a settlement agreement. Not
intending to go to trial, the parties filed a complaint, an answer, a
joint motion to certify a class and a proposed settlement agreement for
a case entitled Georgine v. Amchem Prods., Inc.
Under the proposed Amchem case, the parties
would seek to create a class solely for settlement purposes. Claims of
unimpaired plaintiffs would be deferred and a payment matrix would be
applied to other claims, including future asbestos claims. The U.S.
Supreme Court eventually ruled against class certification, holding
that it was inappropriate because the class of claimants was too large
and had too many varied interests. In addition, common questions of law
and fact did not predominate within the proposed class.
U.S. Supreme Court
Ortiz v. Fibreboard Corp.
Since Amchem, federal courts have not favored asbestos class actions. In Ortiz v. Fibreboard Corp.,
527 U.S. 815 (1999), the Supreme Court again ruled against certifying
an asbestos class action. Although state courts have generally been
more willing to certify class actions than federal courts, asbestos
class actions are not as common as class actions for other types of
torts.
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Deciding Whether to Participate in a Class Action
If you are asked to join an asbestos class action, remember
that you can choose to join the class or "opt out" so that you can
pursue your own lawsuit. You should consider hiring a attorney specialized in mesothelioma cases to advise you on your individual circumstances and legal options.
Out-of-Court Settlements
An out-of-court settlement is likely when a large group of claimants is involved. Any settlement is divided among several, potentially thousands, of claimants. This possibility may be attractive to patients who wish to avoid a trial. It is, however, difficult to get several plaintiffs and defendants to reach agreement on legal issues. If the parties do manage to reach agreement on a class action settlement, the court must still approve the settlement terms.Difficulties with Large Plaintiff Numbers
Class action members generally have less control over their cases than claimants who file separate lawsuits. Lawyers who handle class actions represent the interests of a large number of plaintiffs. Attorneys for individual lawsuits, however, can focus more closely on their client's individual issues. Many asbestos claimants prefer to have more control over their cases and opt not to join class actions.Additional Resources
Free VA Claims Help for Mesothelioma
Free Mesothelioma Information Guide
Join a Mesothelioma Support Group
Author
Tim Povtak
Tim Povtak is an award-winning writer
with more than 30 years of reporting national and international news.
His most recent experience is in researching and writing about asbestos
litigation issues and asbestos-related conditions like mesothelioma. If
you have a story idea for Tim, please email him at tpovtak@asbestos.com