Mass tort or class action? The structure is different

A class action needs certification

Calling a lawsuit a class action does not make it one. Under Federal Rule of Civil Procedure 23, one or more representatives may act for a class only when the rule's requirements are met, including numerosity, common questions, typical claims or defenses, and adequate representation.

For a damages class under Rule 23(b)(3), common questions must predominate over individual ones, and the court must find that a class action is better than other available methods for fairly and efficiently deciding the dispute.

The court—not a headline, lawyer or filing party—decides whether to certify the class. A certification order must define the class and the claims, issues or defenses it covers.

An MDL coordinates separate actions

An MDL works differently. The Judicial Panel on Multidistrict Litigation may transfer federal civil actions that share factual questions to one district for coordinated or consolidated pretrial proceedings. The Panel also selects the court and judge who will handle that work.

The transfer does not certify a class. Actions that do not end in the transferee district are sent back to their originating districts by the Panel at or before the end of centralized pretrial proceedings.

How to tell which structure you are looking at

For a proposed class action, look for a motion and court order addressing Rule 23 certification. For an MDL, look for a JPML transfer order and the centralized docket. A large number of similar claims does not answer the question by itself.

The exact consequences for any person depend on the case, the class definition if one is certified, the notices and orders entered, and the law that applies. Do not assume rights were preserved or lost from the label alone.