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Mesothelioma Class Action Lawsuits
Mesothelioma class action lawsuits were once common but fell out of favor for nearly all parties involved for a few very good reasons. The biggest reason is that mesothelioma cases are complex and highly variable based on the individual, their history of exposure, and other contexts like how their condition is progressing.
As a matter of fact, a U.S. 3rd Circuit Court of Appeals ruling from 1996 determined that class action lawsuits were not appropriate for mesothelioma claims. A second ruling by the U.S. Supreme Court affirmed this decision.
Individuals who have developed a harmful health condition as a result of exposure to asbestos can instead choose to pursue an individual claim against parties allegedly responsible for their exposure. They may also choose to work with an asbestos lawsuit attorney experienced in these cases.
What Is a Class Action Lawsuit, And Why Isn’t It Appropriate for Mesothelioma Cases?
The definition of a class action lawsuit is: “a legal action undertaken by one or more plaintiffs on behalf of themselves and all other persons having an identical interest in the alleged wrong.”
To put it in simpler terms, a class action lawsuit can be thought of as a lawsuit filed by a group of plaintiffs all for identical damages caused by nearly identical circumstances and with the intent to receive identical, or sometimes proportionate, compensation.
Even more simply: people all sue the same defendant(s) together as a collective claim.
Asbestos exposure lawsuits and mesothelioma settlements have trouble fitting into such a legal action for a few great reasons. One of the biggest reasons is that plaintiffs in a class action lawsuit may have incurred their injury from multiple companies. A single worker who installed asbestos throughout all their prime years may have possible claims against a dozen different employers and asbestos manufacturers.
On top of that, the plaintiffs are all likely to have different degrees to their injury. One asbestos exposure victim may have a mild case of asbestosis, for instance, while another may have severe late-stage mesothelioma.
Mesothelioma Class Action Lawsuits Ruled Untenable in 1996, Affirmed in 1997
Because of all the discrepancies in mesothelioma plaintiff cases, the U.S. 3rd Circuit Court of Appeals ruled in the case of Georgine v. Amchem Products that the intended cause of action worked against the Rule 23 of the Federal Rules of Civil Procedure that legally enables class action lawsuits in the first place.
“Examined as a litigation class, this case is so much larger and more complex than all other class actions on record that it cannot conceivably satisfy Rule 23,” wrote Circuit Judge Becker in his opinion. “Initially, each individual plaintiff’s claim raises radically different factual and legal issues from those of other plaintiffs. These differences, when exponentially magnified by choice of law considerations, eclipse any common issues in this case.
In 1996, during the appellate case of Amchem Products, Inc. v. Windsor, the U.S. Supreme Court affirmed the lower court’s opinion.
Pursuing a Mesothelioma Personal Injury Lawsuit With an Experienced Asbestos Lawsuit Attorney
Although class action lawsuits are no longer an option for mesothelioma victims, they may obtain better outcomes through an individual personal injury claim than if they were still able to join a class action. By working with an asbestos lawsuit attorney, they can represent their individual claim as effectively as possible in order to obtain compensation for their injury, not anyone else’s.
