A mass tort is a civil lawsuit that involves hundreds or thousands of plaintiffs and one or a few defendants in which the plaintiffs have the same or similar claims against the defendant or defendants. Mass tort lawsuits are often filed as class action lawsuits (a procedural mechanism for joining the plaintiffs in one lawsuit), and are typically based on alleged wrongful acts (torts) such as exposure of the plaintiffs to harmful substances (asbestos or benzene), or defective products (pharmaceuticals or medical devices), or invasions of privacy (data breaches).
In Kentucky, as in other states, a mass tort is a type of civil action involving numerous plaintiffs against one or a few defendants where the claims arise from common issues such as exposure to harmful substances, defective products, or invasions of privacy. These cases often involve complex litigation and can be filed as class action lawsuits, which allows for the collective representation of similarly situated plaintiffs. Kentucky follows the Federal Rules of Civil Procedure for class actions, which require that the case must meet certain criteria such as numerosity, commonality, typicality, and adequacy of representation. Additionally, the Kentucky Rules of Civil Procedure provide guidance on how these cases should be managed in the state courts. Mass tort cases can be consolidated for pretrial proceedings through mechanisms like multidistrict litigation (MDL) to streamline the process and handle the cases more efficiently. It is important for plaintiffs in Kentucky to consult with an attorney experienced in mass torts to navigate the complexities of these legal actions and to ensure that their rights are adequately protected.