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 North Carolina, 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 are based on similar or related legal issues. Mass torts often arise from exposure to harmful substances, defective products, or invasions of privacy such as data breaches. These cases can be complex due to the number of individuals involved and the need to establish commonality among the plaintiffs' situations. While mass torts can be filed individually, they are frequently brought as class action lawsuits, which allows for the consolidation of the cases for a more efficient legal process. North Carolina 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. If a case is certified as a class action, it allows a class representative to sue on behalf of all members of the class. It's important to note that mass torts are distinct from other personal injury claims due to the scale and similarity of the claims, and they often involve multidistrict litigation (MDL) to streamline pretrial proceedings when cases span multiple jurisdictions.