Louisiana Law: Mass Tort Versus Class Action Lawsuits According to the Pelican State

August 26, 2024 @ 3:16 pm

The law says that when someone is harmed by someone else’s negligence, they have a right to compensation. The law further specifies that when many people are harmed by negligence, the entire group also has a right to compensation. Sometimes, the lawsuit launched to get that compensation is a mass tort lawsuit. Other times, it will be a class action suit. 

All 50 states provide for both types of litigation, but the specific procedures and requirements for each can vary significantly from state to state. For those of us in Louisiana, our state’s legal system is uniquely rooted in civil law—the interpretation of our codes and statutes—rather than common law, impacting the difference between mass tort and class action cases and how they are handled.

Mass Tort Litigation in Louisiana

Mass tort litigation allows numerous people who have been harmed by the same product or event to pursue a civil action against one or several defendants who may have been responsible for causing the harm done. An important distinction of mass tort lawsuits is that since each plaintiff—each person harmed and bringing suit—has an individual claim, damages are determined on an individual basis. Even though many people may have been injured by the same thing, the law recognizes that the extent of their injuries can vary widely. Therefore, the intent is for each plaintiff to receive compensation that aligns with their degree of injury.

Common causes for mass tort litigation include injuries associated with pharmaceuticals—both prescription and over-the-counter medications—as well as defective medical devices, defective products, hazardous substances and even environmental disasters. For example, asbestos litigation is considered the largest and longest-running mass tort in US history, holding companies accountable for exposing workers and consumers to asbestos fibers and the risks of resulting mesothelioma. In Louisiana, a number of mass tort litigation cases have sought compensation for injuries related to environmental issues like oil spills.

Managing a mass tort case can be challenging in balancing each individual’s needs and claims against the sheer volume of plaintiffs and their claims. Often, these cases are consolidated for pretrial proceedings to improve efficiency. In this way, the court can handle common issues like liability and causation, for example, collectively while still preserving each plaintiff’s right to an individual trial for damages. So, although cases may be tried together to determine a defendant’s degree of potential negligence and responsibility, each plaintiff’s damages are assessed individually. For some cases, the Louisiana courts may issue specific orders to coordinate discovery or schedule trial dates, for example, to avoid conflicting rulings or duplicative discovery procedures. Mass tort litigation may also be filed in federal court and undergo consolidation.

Class Action Litigation in Louisiana

Like mass tort litigation, class action suits allow numerous people who have been harmed by the same product or event to pursue a civil action against one or several defendants who may have been responsible for causing the harm done. However, in class action suits, individual claims beyond those of the lead plaintiffs are no longer distinct or unique. 

Instead, the plaintiffs of the class action suit represent a larger group or class of individuals who all have similar injuries and, therefore, similar claims. The claims that the plaintiffs lodge and the compensation that they seek are intended to cover not only the plaintiffs but also the entire class of individuals that they represent.

To proceed as a class action in Louisiana, a lawsuit must pass certification by satisfying certain criteria.

• There must be questions of law or fact common to the class. Everyone involved is affected by the same issue.
•  The class must be so large that individual lawsuits would be impractical.
• The claims of the plaintiffs or defenses of the defendant must be typical of the claims and defenses of the entire class.
• The representative parties—plaintiffs and defendants—must fairly and adequately protect the interests of the class membership.

The court’s intent in making a potential lawsuit pass class action certification is to ensure that the class action format is the most appropriate venue for resolving the claims. Common points for class actions in Louisiana have included cases involving deceptive business practices, false advertising, defective products, employment wage and hour violations, employment discrimination or wrongful termination, and insurance disputes over coverage or claim denials, for example.

Once a case receives certification as a class action, the law requires that potential class members be notified of the lawsuit and their rights. Notifications can take a variety of formats—from written mail to disseminated publications or electronic communications. If a settlement is reached, the court must approve it to ensure that it is fair, reasonable and adequate for the class members. For class actions, the settlement process often includes hearings where class members can voice objections or support for a proposed agreement.

However, just because a class action suit exists does not mean that an eligible class member is limited to it. In Louisiana, potential class members have the right to opt out of a class action and pursue separate, independent legal claims if they don’t want to be bound by the outcomes of the class action negotiations.

• For example, your injury may not conform to the class membership’s typical injury. In fact, your injury and losses may far exceed what the class action is likely to yield, meaning that any settlement reached may be insufficient in respect to the damages you’ve sustained.
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  Or, you may feel that the plaintiffs lodging the suit are unlikely to win or conduct a worthwhile negotiation. If you remain in the class action membership, your compensation will be limited to whatever share of a settlement each member gets.

Opting out usually involves notifying the court or class action suit’s attorney within a certain timeframe and engaging your own legal representation to pursue compensation for any claim you might have regarding the legal matter otherwise common to the class.

Why You Need a Mass Tort Lawyer in Louisiana

Being a lone person in a sea of many who have suffered harm at the hands of a large, moneyed and powerful party can be unsettling and frustrating. Everyone may be aware that a problem exists, but you may still need to file your own individual claims to actually collect any form of compensation—as you would in a mass tort. Or, if you’re notified that you qualify as part of a class action, do you count on the representative plaintiffs and their attorneys to secure compensation that will be adequate for the damages you’ve sustained?

This is why you need an experienced mass tort lawyer in Louisiana who understands exactly what is on the line and the state and federal legal provisions in place to ensure fair and adequate damages and compensation.

• In mass tort cases, a simple volume of claims is a factor in establishing the existence of an issue. However, individual assessment acknowledges the varying degrees of injury that may have resulted. Because the injuries suffered can be so diverse, settlements in mass tort litigation can be complex and often involve negotiations between a plaintiff’s representatives and the defendant. Settlements may be structured to provide compensation to a large number of plaintiffs while allowing for variations based on the severity of each plaintiff’s injury. The courts often supervise these settlements to ensure that compensations are fair and adequate and may require court approval before the award becomes final.
• In class actions, damages tend to be one size fits all—one set of negotiations for all—offering efficiency. However, the right of class members to opt out to pursue their own independent claim is vital when an individual has suffered an injury that exceeds class parameters. Often, the lead plaintiffs get more money from a settlement, with the remainder divided among the class membership. In some cases, class members may receive only a nominal amount.

Pursuing Legal Action in Louisiana

An additional concern is whether the case should be filed in state or federal courts. With Louisiana’s adherence to civil law and its dependence on legal interpretations and applications of the written codes and statutes, the preferences and discretion of individual judges can impact how cases are handled. Since some venues may be seen as being more favorable to plaintiffs while others may be viewed as more favorable to defendants, where a case is ultimately heard and decided can have a significant impact.

The Class Action Fairness Act of 2005—CAFA—is a federal law enacted to address concerns about bias and inconsistent class action rulings in state courts. CAFA allows for certain class actions to be removed to federal court if they meet specific criteria—for example, if any member of the plaintiff class is a citizen of a different state than any defendant or if the amount in controversy exceeds $5 million for the class.

CAFA mandates that defendants must notify federal and state authorities of any proposed class action settlements to allow government officials to monitor them and intervene if needed. CAFA also covers mass tort litigation where monetary claims of 100 or more plaintiffs are proposed to be tried jointly based on common legal or factual questions. Like class actions, these cases can be escalated to the federal level if they meet jurisdictional requirements.

However, CAFA also specifies exceptions that allow certain cases to remain in state courts: if, for example, two-thirds or more of the class members and the primary defendants are from the same state or if more than two-thirds of the class members are from the state where the action was originally filed, the principal injuries occurred in that state and at least one significant defendant is a citizen of that state.

Some states, due to their population, significant industries, environmental factors and legal environment have higher rates of mass torts and class actions. Between the issues of environmental contamination and industrial accidents inherent to Louisiana’s oil and gas industry and the state’s geographical vulnerability to natural disasters like hurricanes and the resulting insurance litigation and property damage, Louisiana ranks as one of them.

Work with MMRBH. Get Justice.

With so much at stake and with so many decisions to make, when something happens, you need a skilled attorney experienced not only in personal injury but also in mass and class actions. The firm of Morrow, Morrow, Ryan, Bassett and Haik offers exactly the kind of legal experience, advice and representation you need. 

We serve the communities of Lafayette, Opelousas, New Iberia and surrounding areas, and our door is always open. Reach out today for your free consultation. Schedule online, or call us at (800) 725-8836. Don’t get lost in the masses. Let’s make sure that the compensation you get is the compensation you truly deserve.

Sources

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https://www.atra.org/2023/12/05/louisiana-grapples-with-judicial-hellholes-distinction/
https://instituteforlegalreform.com/blog/the-eight-states-with-the-highest-tort-costs-per-household/
https://www.congress.gov/109/plaws/publ2/PLAW-109publ2.pdf
https://www.fedbar.org/wp-content/uploads/2009/02/classactionfairnessactFeb2009-pdf-1.pdf
https://hhklawfirm.com/practice-areas/mass-torts/
https://www.morrisbart.com/faqs/is-mass-tort-the-same-as-class-action/
https://morrisdewett.com/are-class-actions-and-mass-torts-the-same/