Opponents of product liability claim that liability reduces product availability, increases prices, and discourages innovation. Supporters claim that liability uncovers information about drug hazards and deters socially undesirable corporate behavior.
This report reviews the court proceedings that led to the uncovering of abusive diagnostic practices in silica litigation, then identifies ways in which similar practices could be uncovered or prevented in the future.
While a class action such as one brought under Federal Rules of Civil Procedure Rule 23 is certainly the most well-known mechanism for aggregating large numbers of similar claims, other approaches include mass joinder of parties, mass consolidation of separate cases, or multidistrict litigation transfer of federal cases from across the country into a single action for pretrial processing; corporate reorganizations under the U.S. Bankruptcy Code; large-scale inventories of clients controlled by a single attorney; government-initiated enforcement actions; and private attorneys general litigation brought on behalf of the general public.
April 4, 2007 news release: RAND Study Finds Class Actions Against Insurers Rose Prior to Recent Reforms and Many Cases Occurred Outside Public View.
This research brief describes characteristics of more than 700 class action cases against large U.S. insurers -- trends in claims, their allegations, and their outcomes -- including the vast majority of cases that never become certified as a class.
RAND Study Finds More Than 730,000 People Have Filed Asbestos Injury Claims in U.S., Costing Defendants More Than $70 Billion
Presents the most comprehensive description to date of the longest-running mass tort litigation in U.S. history.
Fashioning a National Resolution of Asbestos Personal Injury Litigation: A Reply to Professor Brickman
Examines the dimensions of current asbestos litigation and the potential future effects of the litigation on the U.S. economy
She extends her consideration of mass tort litigation to include what she terms "the new social policy torts": suits against tobacco companies, firearms manufacturers, and managed care organizations that are intended to change public policy.
This briefing documents the first phase of a new study on asbestos litigation, now the longest-running mass tort litigation in U.S. history.
In this article, the authors explore alternative strategies for class-action reform aimed at improving the cost-benefit ratio of damage class actions.
Ph.D. in mathematics, University of California, Los Angeles; B.A. in mathematics, University of California, Berkeley