Page "Class action" Paragraph 35

Whether a class action is superior to individual litigation depends on the case, and is determined by the judge's ruling on a motion for class certification.

The Advisory Committee Note to Rule 23, for example, states that mass torts are ordinarily " not appropriate " for class treatment.

Class treatment may not improve the efficiency of a mass tort because the claims frequently involve individualized issues of law and fact that will have to be re-tried on an individual basis.

See Castano v. Am.

Tobacco Co., 84 F. 3d 734 ( 5th Cir.

1996 ) ( rejecting nationwide class action against tobacco companies ).

Mass torts also involve high individual damage awards ; thus, the absence of class treatment will not impede the ability of individual claimants to seek justice.

See id.

Other cases, however, may be more conducive to class treatment.