Great Falls Mass Tort & Class Action Lawyers

Great Falls & MontanaMass Torts & Class Actions

Montana Mass Tort and Class Action Lawyers: Multi-Plaintiff Cases, Class Actions, MDLs, Data Breaches, Contamination and Defective Products

Boland Aarab PLLP.

Our attorneys: Caitlin Boland Aarab · Samir F. Aarab

When one product, one breach or one act of contamination harms many people, the law offers two main paths. In a mass tort, each injured person brings an individual claim, often alongside others. In a class action, representatives sue on behalf of a group. Which path fits depends on the harm, the injuries and the law that applies, and the choice affects your control over your own case.

Key Takeaways

• In a mass tort, each plaintiff has an individual claim and individual damages. 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, common questions, typical claims and adequate representation under both Fed. R. Civ. P. 23 and Mont. R. Civ. P. 23.
• Federal cases filed in different districts may be transferred to one court for coordinated pretrial proceedings in multidistrict litigation (28 U.S.C. § 1407).
• Montana’s Consumer Protection Act allows individual actions but not class actions (§ 30-14-133, MCA).

On this page: Mass tort or class action · Class actions · MDL · Common cases · Sears v. Summit Food Service · Joining a case · Costs and fees · Your own lawyer · Why Boland Aarab · FAQ

Harmed along with others by the same product, breach or exposure? Contact Boland Aarab PLLP for a free consultation at (406) 315-3737.

What is the difference between a mass tort and a class action?

In a mass tort, you are a plaintiff with your own claim and your own damages. In a class action, you are usually a class member represented by others, and the result binds the whole class.

Montana’s joinder rule allows persons to join in one action as plaintiffs if they assert a right to relief arising out of the same transaction, occurrence or series of occurrences and any question of law or fact common to all of them will arise (Rule 20(a)(1)). When separate actions share common questions, a court may consolidate them or hold joint hearings (Rule 42(a)). The federal rules work the same way.

How do class actions work?

A court must first certify the class. Under both Federal Rule 23 and Montana Rule 23, one or more members may sue on behalf of all only if:

1. Numerosity: the class is so numerous that joinder of all members is impracticable;
2. Commonality: there are questions of law or fact common to the class;
3. Typicality: the representatives’ claims are typical of the class; and
4. Adequacy: the representatives will fairly and adequately protect the class’s interests.

The case must also fit one of the types in Rule 23(b). The most common for damages is Rule 23(b)(3), which requires that common questions predominate over individual ones and that a class action be superior to other methods.

Key protections for class members include:

• Notice and the right to opt out. In a (b)(3) class, the court must direct the best notice practicable, and it must exclude any member who asks to be excluded (Rule 23(c)(2)(B)).
• Court approval of settlement. A settlement that binds class members may be approved only after a hearing and a finding that it is “fair, reasonable, and adequate,” and any class member may object (Rule 23(e)).
• Court-approved fees. Class counsel’s fees are set by the court.

Montana differences. Montana’s rule allows an appeal from an order granting or denying class certification by notice of appeal (Mont. R. Civ. P. 23(f)), while the federal rule says a court of appeals “may permit” such an appeal (Fed. R. Civ. P. 23(f)). And some Montana statutes bar class actions altogether; the Consumer Protection Act, for example, allows “an individual action but not a class action” (§ 30-14-133(1)(a), MCA).

What is multidistrict litigation?

Multidistrict litigation, or MDL, is a federal procedure that gathers similar cases from around the country before one judge for pretrial proceedings.

When civil actions involving common questions of fact are pending in different federal districts, the Judicial Panel on Multidistrict Litigation may transfer them to one district “for coordinated or consolidated pretrial proceedings,” if doing so will serve the convenience of parties and witnesses and promote the just and efficient conduct of the actions (28 U.S.C. § 1407(a)). Each transferred case is to be remanded to its original district at or before the end of pretrial proceedings, unless it has been resolved.

An MDL is not a class action. Each case remains an individual lawsuit. For a Montanan, that means your case may be filed here and then transferred to a court in another state for discovery and pretrial rulings. Having Montana lawyers who stay on your case, and who coordinate with the lawyers leading the MDL, keeps your individual facts and damages in view.

What kinds of cases become mass torts or class actions?

Cases in which one course of conduct harms many people. The most common include:

• Data breaches. When a hospital, lender, employer or vendor fails to protect personal information, thousands of people may be affected at once. We represent people whose personal and medical information was exposed, in individual and group litigation. See our data privacy and data breach page.
• Contamination and exposure. Contaminated food or water, toxic chemicals, and environmental releases can injure many people in a community or institution. Each person’s exposure, diagnosis and damages must be proven.
• Defective products. Drugs, medical devices, vehicles and consumer products with the same defect can injure people across the country. These often proceed as mass torts or MDLs.
• Consumer and financial practices. Uniform fees, charges or misrepresentations may support class treatment when the law allows it.

Sears v. Summit Food Service: a multi-plaintiff case

We represent plaintiffs in Sears v. Summit Food Service, a case in the U.S. District Court for the District of Montana, Great Falls Division, Cause No. CV-25-108-GF. It is a multi-plaintiff case, not a class action: each plaintiff brings an individual claim.

The plaintiffs, who were held at the Cascade County Detention Center, allege that blood contaminated food during meal preparation and was served to them, and that some of them later tested positive for hepatitis C. The claims pleaded are negligence, violations of federal and Montana constitutional rights, battery and punitive damages. The allegations have not been proven, and the Court has not decided them. We are co-counsel with Bechtold Law Firm PLLC and Heenan & Cook. See our case page.

How do you join a mass tort case?

You start with a consultation, and if your claim fits, you sign your own agreement with your own lawyers.

1. Consultation. We learn what happened to you, when, and what injuries or losses you have.
2. Records. We gather what proves exposure and injury: medical records, test results, product information, breach notices and receipts.
3. Evaluation. We decide with you whether an individual case, a multi-plaintiff case, a class action or an MDL fits your claim, and what deadlines apply.
4. Filing. If you go forward, you become a named plaintiff in a case filed on your behalf, or your case is joined with others.
5. Individual proof. Throughout the case, your own damages are developed and presented.

Deadlines apply to each claim. Montana’s general deadline for injury claims is 3 years (§ 27-2-204, MCA), and some claims, including claims against governmental entities, have additional notice requirements.

What does it cost?

Injury and mass tort cases are usually handled on a contingency fee: the lawyers are paid a percentage of any recovery, and the case costs are typically advanced and repaid from a recovery.

Ask for the fee terms, the handling of costs and how shared case costs are divided among plaintiffs, all in writing, before you sign. In a class action, class members do not usually hire a lawyer or pay fees directly; the court decides class counsel’s fees.

What does individual representation mean in a large case?

It means you have your own lawyers, your own claim and your own decisions, even when your case moves alongside many others.

• Your damages are yours. Your injuries, treatment and losses are presented individually.
• You decide on settlement. No one can settle your individual claim without your agreement. When a defendant offers to settle many claims together, each client must be told the terms and consent.
• You can reach your lawyers. You work with Caitlin Boland Aarab and Samir Aarab, not a call center.
• If a class is certified, we can advise you whether to remain in the class or opt out and pursue an individual claim.

The Boland Aarab Way

We are trial lawyers, and we prepare every case as if it will be tried and then appealed, including cases that proceed alongside many others.

• We try cases. Our firm has tried more than a dozen jury trials, in Cascade, Phillips, Meagher and Yellowstone Counties, and our attorneys have spent more than 4,000 hours in the courtroom. See our results.
• We know federal court. Mass torts and class actions are often in 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 protect verdicts. The Montana Supreme Court reinstated a $168,500 jury verdict for our client in Voegel v. Salsbery, 2023 MT 137 (case page). The Boland Aarab appellate record reaches back to 1977.
• We work with other firms when it serves clients. In Sears v. Summit Food Service, we are co-counsel with Bechtold Law Firm PLLC and Heenan & Cook.
• You work with the lawyers. Caitlin Boland Aarab and Samir Aarab handle your case themselves. Both are members of the American Association for Justice and the Montana Trial Lawyers Association; Caitlin serves as an AAJ Governor and on the MTLA Board. Samir Aarab is also a member of Public Justice.

Contact Boland Aarab PLLP for a free consultation at (406) 315-3737.

Where do we handle mass tort and class action cases?

Our office is at 18 6th Street North, Suite 200, Great Falls, MT 59401. We represent Montanans in multi-plaintiff and class litigation across the state, including Great Falls, Billings, Missoula, Helena, Bozeman, Butte and Kalispell. We also handle data privacy, medical malpractice and wrongful death cases.

Where do we handle mass tort and class action cases?

We are based at 18 6th Street North, Suite 200, in Great Falls, and handle mass tort and class action cases across Montana. Our attorneys travel for depositions, hearings and trial. For local information, see our pages for Billings mass tort and class action lawyers, Missoula mass tort and class action lawyers, Helena mass tort and class action lawyers, Bozeman mass tort and class action lawyers, Butte mass tort and class action lawyers, Kalispell mass tort and class action lawyers and Havre mass tort and class action lawyers.

Frequently Asked Questions

What is the difference between a mass tort and a class action? In a mass tort, each injured person is a plaintiff with an individual claim. In a class action, representatives sue for a group, and the result binds class members who do not opt out.

What are the requirements for a class action? Numerosity, commonality, typicality and adequacy of representation, plus one of the Rule 23(b) types (Fed. R. Civ. P. 23; Mont. R. Civ. P. 23).

What is an MDL? Multidistrict litigation: federal cases with common questions of fact, pending in different districts, transferred to one court for coordinated pretrial proceedings (28 U.S.C. § 1407). Each case remains individual.

Can I opt out of a class action? In a class certified under Rule 23(b)(3), yes. The notice explains how and by when. Opting out preserves your right to bring your own claim.

Do I need my own lawyer if I am part of a class? Not necessarily; the court appoints class counsel. But a class member may enter an appearance through an attorney (Rule 23(c)(2)(B)(iv)), and your own lawyer can advise whether to stay in or opt out.

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).

Is Sears v. Summit Food Service a class action? No. It is a multi-plaintiff case in which each plaintiff brings an individual claim.

How long do I have to file a mass tort claim in Montana? Generally 3 years for injury claims (§ 27-2-204, MCA), but deadlines vary by claim and by defendant. Talk to a lawyer early.

Talk to a Montana Mass Tort and Class Action Lawyer

Contact Boland Aarab PLLP for a free consultation at (406) 315-3737.

Sources: Fed. R. Civ. P. 23 · Mont. R. Civ. P. 20 · Mont. R. Civ. P. 23 · Mont. R. Civ. P. 42 · 28 U.S.C. § 1407 · § 30-14-133, MCA · § 27-2-204, MCA · Judicial Panel on Multidistrict Litigation

Disclaimer: This article is for informational purposes only and does not constitute legal advice. Reading it does not create an attorney-client relationship.