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Is mass tort a separate cause of action?


I'm stumped on this question and I don't know why! LOL I think I'm confusing myself because a mass tort is a cause of action that involves numerous defendants. However, is mass tort considered a separate cause of action? (The word "separate" is making me go, 'huh'?)

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My answer:
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I say that it is a separate cause of action as are other torts. (Is this correct?) :-(

TIA,
Korey

I just read in my textbook, Torts Personal Injury Litigation 4th Edition by William P. Statsky, that a mass tort is defined as ". . . tortious conduct involving the same event or product that has caused harm to many people. More precisely, it is a tort cause of action that is asserted by a large number of persons who have been harmed by the same or similar conduct or product. . . "

So according to my textbook, mass tort is a cause of action. However, the word "separate" is still confusing the heck out of me. LOL simple things do things to simple minds. :-) j/k

"Mass Tort" is similar to class action, but designed to get around the new class action fairness act and keep some class actions from being removed to federal court

It is NOT a tort in and of itself

"Mass tort" is another term for "class action suit." It is NOT a separately defined tort. There are rules concerning how a case may qualify as a class action, but it is not a cause of action. Each tort claimed must have its own separate elements, each of which must be proven by a preponderance of the evidence.

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