Complex litigation; a tort 'doorstop.'

Article Abstract:

The Advisory Committee on Civil Rules' Working Group on Mass Torts issued a final report in Feb 1999, and the Federal Judicial Center studies included are the only really important parts.They include a synthesis of the body of mass torts scholarship and case law, a summary of defining characteristics of every mass torts case of the past three decades, including 26 personal injury mass tort suits, 15 single-site, single-event mass torts and nine property damage mass torts. Another important synthesis discusses mass torts and limited bankruptcy reorganization settlements.

Mass tort suits

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Complex litigation; multistate class actions

Article Abstract:

The article discusses the multistate class action, and argues that its certification presents problems of jurisdiction, choice of law, predominance of common questions, superiority and manageability.The federal appellate courts have since the mid-1990s generally rejected certification of these actions in mass tort claims or pharmaceutical products, but some have been willing to certify multistate class actions in other areas, including small claims consumer actions, some fraud and some warranty claims.

Class actions (Civil procedure), Class action lawsuits

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Complex litigation; primary jurisdiction

Article Abstract:

The popularity of the primary jurisdiction doctrine as an alternative to class litigation is discussed. State courts have more highly develoiped jurisprodence on this doctrine than the federal ones, and defense attorneys raise the doctrine on a motion for failure to dismiss a class action.

Laws, regulations and rules, Jurisdiction

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