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

The primary difference between a class action and a mass tort is the legal technique used for bringing the claims of a group of individuals forward. A class action occurs when a single plaintiff, or a small number of plaintiffs, brings a lawsuit against a defendant on behalf of a larger group of people who have suffered similar damages in similar ways. For example, if a company sells a defective product that results in financial losses for numerous people, a single plaintiff could file a class action on behalf of everyone who purchased the faulty product. On the other hand, a mass tort is a civil action involving a large number of plaintiffs against a few defendants. Rather than a single lawsuit, there may be multiple lawsuits filed in different courts throughout the U.S., all involving the same issue. In West Virginia, class actions may be filed in state or federal court, as state laws recognize the right of a group of individuals to bring forward a legal action together. Mass torts, on the other hand, may only be filed in federal courts in West Virginia.

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

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