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What Is a Mesothelioma Class-Action Lawsuit?

 Prior to the late 1990s, it was believed that class-action lawsuits could award mesothelioma victims fairly. For example, if 1,000 people were exposed to asbestos by the same products and developed the same condition — mesothelioma — they should, in theory, be awarded the same amount of money.

Yet class-action lawsuits only work when every person has suffered the same exact injuries from the same defendant, according to Cornell University’s Legal Information Institute.

Further, class-action lawsuits usually cannot award mesothelioma victims with enough compensation to help them after a mesothelioma diagnosis.

Because of these issues, the U.S. Supreme Court decided in 1997 that asbestos cases could no longer be heard as class-action lawsuits on a federal level.


Quick Facts About Mesothelioma Class-Action Lawsuits
  • Today, mesothelioma class-action lawsuits are almost never filed. Those looking to take legal action usually need to file an individual mesothelioma personal injury or wrongful death lawsuit.
  • As of 2020, mesothelioma class-action lawsuits can only be filed with state courts.
  • Some class-action lawsuits sought to represent hundreds, thousands, or millions of victims exposed to asbestos.
  • Class-action lawsuits pay the same amount of money to every claimant. While this helps ensure fairness, victims may be able to receive more through other types of legal action.

How to File a Mesothelioma Class-Action Lawsuit

To file a, must come together through the help of experienced lawyers.

Class-action lawsuits require at least 35 or more people affected by the same injury or illness. In a mesothelioma class-action lawsuit, one victim or a small group of victims will be named as plaintiffs to represent the entire group. The manufacturers of asbestos-containing products named in the suit become the defendants.

Courts will designate a lawsuit as a class-action if it meets the four prerequisites outlined in Rule 23(a) of the Federal Rules of Civil Procedure (FRCP).

These prerequisites are:

  1. There are so many claimants that hearing individual cases is impractical for the courts.
  2. The legal issues in question are similar for each class member named in the case.
  3. The claims made by the main plaintiff accurately represent the claims of the other class members.
  4. The representative plaintiff will properly represent the interests of all class members.

Mesothelioma cases almost never qualify for class-action lawsuits today. Mesothelioma lawyers can help determine if victims can file a personal injury or wrongful death lawsuit to receive compensation.

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