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What is the difference between multidistrict litigation and class action litigation?

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Multi-district litigation and class action litigation are similar but distinct, and even lawyers can sometimes confuse the two. A class action is a single case in which one person represents the interests of a larger group, sometimes encompassing hundreds or even thousands of individuals.

In contrast, multi-district litigation involves numerous individual cases that are consolidated to resolve common questions of fact or law. For example, if an insurance policy is being adjusted uniformly by an insurance company, all insured parties affected by this adjustment could be represented by a single person in a class action.

However, in cases involving personal injury, especially when questions arise about whether a specific product is causing harm, such as in the case of Roundup and non-Hodgkin lymphoma, class actions are typically not well-suited. Each individual plaintiff must prove that their cancer was caused by exposure to Roundup, which involves a range of specific considerations unique to each case. Therefore, one person cannot effectively represent the interests of all plaintiffs in a single action.

Nonetheless, there will be common questions applicable to each individual case, such as whether Roundup can cause cancer. Courts may opt to establish multi-district litigation for the sole purpose of resolving these shared questions before sending the cases back to their respective jurisdictions for trial.

Columbia, SC personal injury attorney Graham Newman talks about the difference between multidistrict litigation and class action litigation. Multi-district litigation and class action litigation are similar yet distinct, often leading to confusion even among legal professionals. A class action involves a single case where one individual represents the interests of a larger group, which can include hundreds or even thousands of members.

Conversely, multi-district litigation consists of multiple individual cases that are consolidated to address common questions of fact or law. For instance, if an insurance company adjusts a policy uniformly for all insured parties, those affected could be represented collectively by one individual in a class action.

However, in personal injury cases, particularly those questioning whether a specific product causes harm—such as Roundup in relation to non-Hodgkin lymphoma—class actions are generally unsuitable. Each plaintiff must demonstrate that their cancer resulted from exposure to Roundup, necessitating specific considerations that differ from case to case. As a result, one individual cannot effectively represent the interests of all plaintiffs in a single action.

Despite this, there are common questions relevant to each individual case, such as whether Roundup can cause cancer. In such instances, courts may establish multi-district litigation to resolve these shared questions before returning the cases to their respective jurisdictions for trial.

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