What is the difference between a class action and a mass tort?

A class action and a mass tort are both legal terms that refer to the legal actions taken when many individuals have suffered harm due to the same product, service, or event. The main difference between the two is the way in which they are practiced. A class action is a collective legal action brought by a single individual or a group of plaintiffs who represent a larger group of people with the same or similar claims. The people in the group are generally known as the “class” and they typically seek to recover damages on behalf of all of the class members. In New York, to be eligible to join a class action suit, all of the class members must have experienced the same type of harm. On the other hand, a mass tort is similar to a class action in that it involves a large group of individuals who may have experienced similar harm due to the same product, service, or event. However, each individual in the mass tort will file an individual lawsuit as opposed to a collective lawsuit. This allows each individual to have their own case heard in court and have a unique result based on the particular facts and circumstances of their case. In New York, mass torts are typically more complex and can involve thousands of individuals. Therefore, mass tort cases can take much longer to resolve than class action suits.

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