CLASS ACTIONS and MASS TORTS
A class action lawsuit is a lawsuit brought by an individual, a group of individuals or a company on behalf of a much larger group with the same or similar problem or complaint. A class action lawsuit is typically brought where others have been injured in the same manner and it is too expensive or impractical to bring an individual lawsuit. Class actions are strictly governed by both state (Title 6, Chapter 5, Article 33 of the Code of Alabama) and Federal law (Articles 23 and 28 of the Federal Rules of Civil Procedure). Class actions are separate from mass torts in that a case can only be called a class action once it has been certified as such by the court. To be certified, two basic thresholds must be met. First, the case must be of a type that calls for representative treatment; in other words, those affected were all harmed similarly such that one person's harm could represent everyone's harm. Second, the representative must be able to represent the absent class members.
Many types of cases can proceed as class actions. Some of the most common include consumer fraud cases, securities and antitrust violations, human and civil rights violations, employment and wage disputes, and environmental torts. Because these cases involve representing the legal rights of many plaintiffs, it is important that experienced attorneys handle these kinds of cases. It is also important that an attorney leading a class action case has a thorough understanding of all of the applicable state and federal laws, and also familiarity with the changes that continually occur in this area of law. The attorneys of HILL | TURNER LLC have extensive experience with class action lawsuits both at the state and Federal levels.
Mass torts are often confused with class actions. In a mass tort, a negligent act or a defective product has injured a large number of individuals. While mass torts are similar to class actions, class actions must meet the strict legal guidelines set forth in state and Federal laws. Mass torts, on the other hand, are simply consolidated litigation where cases involving plaintiffs who have suffered similar harm are litigated together. Because these cases involve protecting the rights and interests of many plaintiffs, it is important to be represented by experienced attorneys who have worked on large and complex cases.
As we described on our "What We Do" page, mass torts often involve products liability issues. Where a product was designed defectively, every product manufactured to that design specification will be similarly defective, and thus the users of that product would be similarly injured. Likewise, where a product's warnings are defective, unclear, or insufficient, similar injuries tend to result. Combining the cases into one litigation demonstrates to the court how serious the problem at issue is, and it also helps all of the injured plaintiffs recover similarly for the damages they have suffered.
Pharmaceutical and Medical Devices
A particularly common area of products liability mass tort cases are pharmaceuticals and medical devices. Each year, thousands of people are injured, killed, or suffer severe illness due to faulty medical devices, unsafe drugs, or medical items that have improper warnings.
Products liability, mass torts, and cases involving medical devices and pharmaceuticals are all complex cases that often involve substantial potential recovery and complex medical information. The attorneys of HILL | TURNER LLC have extensive experience representing clients in products liability and mass tort cases of all types at all levels of state, Federal, and appeals courts. If you have been injured in any way by a defective product, drug, or medical device, contact the experienced attorneys at HILL | TURNER LLC today.
Environmental Litigation and Toxic Torts
Exposure to toxic substances can have both immediate and long-term consequences to those who have been exposed. Exposure can occur in your home, at work, or in any other location where you might encounter a toxic or dangerous material. If you or a loved one is suffering from an illness, injury, or other side effect from exposure to toxic materials, you may be entitled to recover for what you have had to endure. Some of the toxic substances that can cause debilitating side effects include:
- Asbestos
- Benzene
- Insecticides and other pesticides
- Toxic mold
- Polychlorinated biphenyls (PCBs)
- Chemical spills
- Contaminated groundwater
- Contaminants or toxins held in underground storage tanks
- Improperly maintained oil and gas wells
Asbestos
One of the most common types of toxic torts is asbestos exposure. Because it is both fire and heat-resistant as well as durable, asbestos was used as a building material and in automotive parts in the 19th and early 20th centuries. Although doctors learned about asbestos's health hazards by the 1930s, builders continued using this material in many kinds of projects. Today, hundreds of thousands of people across America who were exposed to asbestos are suffering from malignant mesothelioma, a rare form of cancer. Workers' families, who were exposed to the asbestos from fibers on clothing, are also suffering. If you or a loved one has been exposed to asbestos and is suffering from mesothelioma, lung cancer, or other illness, you and your family may be able to recover from the manufacturers, distributors, and installers of items containing asbestos.
Business/Property exposure
Exposure to toxic substances can also affect businesses. Certain toxic materials can harm property and buildings. If you are a business or property owner and have suffered property damage due to an environmental tort, you can recover for these losses.
Cases involving asbestos exposure and exposure to other toxins require experienced representation. These cases are often complicated, are potentially worth a substantial amount of money, and involve detailed and complex medical analyses. If you or a loved one has been exposed to asbestos or another toxic substance and is experiencing illness or other debilitating side effects, you want attorneys who have experience working on large and complex cases. The attorneys of HILL | TURNER LLC have extensive experience litigating cases against large corporations at the state, Federal, and appellate levels. Contact us today if you or a loved one has been affected by exposure to a toxic substance
