Billings, MontanaBillings Mass Tort & Class Action
Billings Mass Tort and Class Action Lawyers: Multi-Plaintiff Cases, Data Breaches, Contamination and Defective Products in Eastern Montana
Boland Aarab PLLP.
When one product, one data breach, one release of contamination or one disaster harms many people in the Billings area, there are two main paths. In a mass tort, each injured person brings an individual claim, often alongside others. In a class action, representatives sue for a group. Which fits depends on the harm and the law, and it affects how much control you keep over your own case.
Harmed along with others by the same product, breach or exposure? Contact Boland Aarab PLLP for a free consultation at (406) 315-3737.
What kinds of events lead to group cases around Billings?
Billings sits at the center of a region of refineries, pipelines, rail lines, hospitals, banks and regional businesses that hold information about large numbers of people. When something goes wrong at that scale, many people can be affected at once.
- Rail and pipeline incidents. On June 24, 2023, a railroad bridge over the Yellowstone River near Reed Point, west of Billings in Stillwater County, collapsed under a freight train. Seventeen of 52 cars derailed and 10 went into the river, and cars released asphalt and molten sulfur (Stillwater County). Events like that can affect landowners, irrigators, businesses and river users up and down a valley. Each person’s losses still have to be proven individually.
- Industrial releases. Yellowstone County is home to three refineries, in Billings, Lockwood and Laurel. A fire, flaring event or release from any large facility can reach neighboring homes, schools and businesses.
- Data breaches. Hospitals, clinics, banks, employers and vendors in Billings hold medical, financial and personal data for patients and customers across Montana and northern Wyoming. A single breach can expose thousands of people. See our Billings data breach page.
- Defective drugs, devices and products sold nationwide, which often move into federal multidistrict litigation.
- Uniform financial practices, such as identical fees or charges, when the law allows group treatment.
What happens when many people in the Billings area are harmed?
Local courts. A multi-plaintiff or class case under Montana law may be filed in the Thirteenth Judicial District Court at the Yellowstone County Courthouse (§ 3-5-101, MCA), or in the district court for the county where the harm occurred.
Federal court. Many group cases belong in, or are moved to, federal court. The Billings Division of the U.S. District Court, at the James F. Battin Federal Courthouse, hears cases from 22 eastern and south-central Montana counties, including Yellowstone, Stillwater, Carbon, Big Horn, Rosebud and Richland (District of Montana). Appeals go to the Ninth Circuit.
Multidistrict litigation. If similar federal cases are pending around the country, the Judicial Panel on Multidistrict Litigation may send them to one judge, often in another state, for pretrial proceedings (28 U.S.C. § 1407). A Billings resident’s case can be filed here, transferred elsewhere for discovery, and returned for trial. Having Montana lawyers who stay on your case keeps your own injuries and damages in view.
Evidence and deadlines. Keep breach notices, medical records, test results, product information, receipts and photographs. Montana’s general injury deadline is 3 years (§ 27-2-204, MCA), property damage claims generally 2 years (§ 27-2-207, MCA), and claims against government entities require written presentation first.
Mass tort or class action: which fits?
| Mass tort (multi-plaintiff) | Class action |
|---|
| Your claim | Your own, with your own damages | Resolved with the class on common questions |
| Your lawyer | Lawyers you choose | Class counsel appointed by the court |
| Settlement | You decide whether to accept | Court approves as fair, reasonable and adequate |
| Suited to | Serious, individual injuries | Many similar, smaller claims |
Montana allows plaintiffs to join in one action when their claims arise from the same occurrence and share a common question (Mont. R. Civ. P. 20). A class action requires numerosity, commonality, typicality and adequate representation (Mont. R. Civ. P. 23; Fed. R. Civ. P. 23). Some Montana statutes bar class actions: the Consumer Protection Act allows “an individual action but not a class action” (§ 30-14-133, MCA).
See our Montana mass tort and class action page for how class certification, opt-outs and MDLs work.
Why hire a Great Falls firm for a Billings case?
Group cases are usually litigated in federal court, often alongside other firms, and they require lawyers who keep each client’s individual claim in view. We are based in Great Falls and represent Montanans in multi-plaintiff and class litigation across the state. Our attorneys travel to Billings for client meetings, depositions, hearings and trial, and our firm has tried jury trials in Yellowstone County. We do not have a Billings office.
The Boland Aarab Way
- We know federal court. Our attorneys have handled more than 40 cases in the U.S. District Court for the District of Montana over nine years, and Samir Aarab has argued twice before the Ninth Circuit.
- We try cases. More than a dozen jury trials, in Cascade, Phillips, Meagher and Yellowstone Counties, and more than 4,000 hours in the courtroom.
- We protect verdicts. The Montana Supreme Court reinstated a $168,500 jury verdict for our client (Voegel v. Salsbery, 2023 MT 137).
- We are part of the trial bar. Samir Aarab is a member of Public Justice; both attorneys belong to AAJ and MTLA, and Caitlin Boland Aarab is an AAJ Governor.
Related Billings pages: toxic exposure · data breach · all Billings cases
Frequently Asked Questions
My property on the Yellowstone was affected by a spill. Do I need to join a class? Not necessarily. You may bring your own claim, alone or with neighbors, or remain in a class if one is certified. Property claims generally must be filed within 2 years (§ 27-2-207, MCA).
I got a data breach notice from a Billings provider. What should I do? Keep the notice, watch your accounts and credit, and talk to a lawyer about whether an individual or group claim fits.
Will my case stay in Billings? It may be filed in Billings, but a federal case can be transferred to another district for coordinated pretrial proceedings in an MDL, then returned.
Can I bring a class action under the Montana Consumer Protection Act? No. The Act allows an individual action but not a class action (§ 30-14-133, MCA).
Who decides whether I settle? In a mass tort, you do. No one may settle your individual claim without your agreement.
Talk to a Billings Mass Tort Lawyer
Contact Boland Aarab PLLP for a free consultation at (406) 315-3737.
Our attorneys: Caitlin Boland Aarab · Samir F. Aarab
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Reading it does not create an attorney-client relationship.
