Class Action vs. Multidistrict Litigation FAQ

What are class action lawsuits and multidistrict litigation (MDL)?

A class action lawsuit (or just ‘class action’ as people often say) is a legal process where a group of people with similar claims against a defendant come together to file a single lawsuit as a “plaintiff class.” The purpose of a class action is to efficiently resolve numerous claims that share common legal and factual issues. Multidistrict litigation (MDL), on the other hand, involves consolidating similar individual cases from different districts into one court for pretrial proceedings. The primary aim of MDL is to streamline pretrial processes and improve efficiency in handling complex cases involving numerous plaintiffs with similar complaints.

How are cases initiated and grouped in class action lawsuits and MDLs?

In a class action lawsuit, a representative plaintiff, or lead plaintiff, files a lawsuit on behalf of all plaintiffs who were similarly affected or harmed, after which the court decides whether to certify the class. For MDL, individual cases are filed separately in different jurisdictions, and a judicial panel determines if they should be consolidated into an MDL based on common factors. The cases are then centralized in a single district court for coordinated pretrial proceedings.

What are the differences in legal representation for plaintiffs in class actions versus MDLs?

In class action lawsuits, the lead plaintiff and their legal team represent the entire class of individuals, and class members typically do not have separate legal representation. In MDL, each plaintiff retains their own legal counsel, even though their cases are grouped for pretrial purposes. This allows individual plaintiffs in MDL to have more control over their legal strategies and decisions.

How are settlements or judgments handled in class actions compared to MDLs?

In a class action lawsuit, any settlement or judgment applies to all members of the class, and the court must approve settlements to ensure fairness to all class members. In MDL, each case can result in individual settlements or judgments that can better reflect an individual plaintiff’s losses.

What are typical scenarios or cases where class actions and MDLs are used?

Class actions are commonly used in cases involving consumer fraud, large-scale product liability, employment discrimination, and securities fraud, where many individuals are affected similarly. MDLs are often utilized in complex litigation such as pharmaceutical and medical device litigation, environmental disasters, and large-scale antitrust cases, where individual claims may have unique factors but share common factual questions.

Does Hilliard Law handle MDLs, class actions, or both?

At Hilliard Law, our attorneys have worked on many mass torts. Although our experience lets us work on all types, including class actions, most of our mass torts are MDLs. In some cases, we prefer to work on MDLs because it allows us to fight for compensation specific to our client’s losses.