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Mass Torts

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February 25, 2015
January 1, 2005
S. Elizabeth Gibson

Designed as resource for judges to guide them through the complexities of managing mass tort bankruptcy reorganizations, this publication draws lessons from difficult-to-find sources and presents them in a form that is part judicial manual, part treatise, and part case study. Knowledgeable judges and practitioners contributed experiences and ideas. This work will also aid policy makers and academics in their quest for improved methods and procedures for resolving issues related to the large number of personal injury claims in such litigation.

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March 1, 2004

This work describes approaches that trial judges have found to be useful in managing complex cases. This edition updates the treatment of electronic discovery and other aspects of pretrial management and describes major changes affecting case management in the substantive and procedural law in mass torts, class actions, intellectual property, employment discrimination, and other types of litigation. A new chapter deals with managing scientific evidence.

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January 1, 2004
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June 15, 2001
Laural L. Hooper, Joe S. Cecil, Thomas E. Willging

This report to the Judicial Conference Committee on Court Administration and Case Management describes two different types of independent panels used in the silicone gel breast implants litigation. The use of such panels of appointed experts represents a marked departure from the traditional means of presenting and considering testimony. This report describes these expert panels in sufficient detail to permit others to understand the procedures that were used, the benefits that resulted, and the problems that arose.

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January 1, 2000
S. Elizabeth Gibson

This is an expanded version of a report that was previously published as Appendix E of the Report of the Advisory Group on Civil Rules and the Working Group on Mass Torts (Report on Mass Tort Litigation) February 15, 1999. In this version, the author expands her analysis by examining publicly available information about three additional bankruptcy cases. By broadening the range of the study, she was better able to make direct comparisons of--to evaluate the policy implications of--the processes used in class actions and bankruptcies.

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January 1, 1999
Carol Witcher, Melissa Deckman Fallon, Philip Egelston, Rebecca Spiro, Suzanne Hruby, Thomas E. Willging

This report, done for the Mass Torts Working Group, appointed in 1998 by the Chief Justice, organizes and presents information from published sources on about fifty sets of mass tort litigations involving personal injury and property damage claims.

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January 1, 1999
Thomas E. Willging

The Mass Torts Working Group, appointed in 1998 by the Chief Justice, asked the Center to conduct a literature review examining problems related to mass torts and to discuss proposals for resolving those problems. This report is the result of that research. It identifies fourteen distinct problems and discusses a variety of case-management, legislative, and rule-making proposals to ameliorate those problems.

This report is reprinted at 187 Federal Rules Decisions 328 (1999).

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January 1, 1998
Carol E. Drew, D. Dean P. Miletich, Mary T. Johnson

A report on the Center's study of the vaccine injury program. The report examines why the program was created, its implementation, the filing and termination rates over its course, and participants' views of the program. The authors also discuss whether the program structure would be appropriate in other types of cases.

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January 1, 1998
Jay Tidmarsh

This report by Professor Jay Tidmarsh of Notre Dame Law School examines five cases in which Rule 23 of the Federal Rules of Civil Procedure has been used to achieve a settlement of a mass tort controversy. The reason for studying mass tort settlement class actions is simple: Using class actions for this purpose has been, and is, controversial.

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