Mass Torts

Research conducted by: RAND Law, Business, and Regulation; RAND Institute for Civil Justice

All Items (21)

REPORT

The Abuse of Medical Diagnostic Practices in Mass Litigation: The Case of Silica — Dec 2, 2009

Silica inhalation injury claims skyrocketed beginning in 2001, prompting concerns that silicia litigation would become a mass tort. It instead collapsed following the uncovering of abusive diagnostic practices, which can be decreased or even prevented if changes in several areas of litigation procedures are pursued.

JOURNAL ARTICLE

Group and Aggregate Litigation in the United States — Dec 31, 2008

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…

NEWS RELEASE

RAND Study Finds Class Actions Against Insurers Rose Prior to Recent Reforms and Many Cases Occurred Outside Public View — Apr 4, 2007

April 4, 2007 news release: RAND Study Finds Class Actions Against Insurers Rose Prior to Recent Reforms and Many Cases Occurred Outside Public View.

RESEARCH BRIEF

Anatomy of an Insurance Class Action — Mar 13, 2007

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.

REPORT

Asbestos-Related Claims Exceed 730,000, Cost More than $70 Billion — May 10, 2005

Claims for asbestos injuries have risen sharply since the 1990s and total more than 730,000 through 2002. At least 8,400 defendants have paid more than $70 billion on the litigation, 42 percent of which has gone to claimants.

REPORT

Asbestos Litigation Costs and Compensation: An Interim Report — Dec 31, 2001

The number of asbestos claims filed annually, the number and types of firms named as defendants in asbestos litigation, and the costs of the litigation to those defendants have all risen sharply in recent years. Given these trends, the authors examine the dimensions of asbestos litigation: How many claims have been filed? By whom? Against whom? For what kinds of conditions? At what cost and with what economic effects? And, if current…

JOURNAL ARTICLE

Revisiting the Monster: New Myths and Realities of Class Action and Other Large Scale Litigation — Dec 31, 2001

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.

REPORT

Asbestos Litigation in the U.S.: A New Look at an Old Issue — Dec 31, 2000

This briefing documents the first phase of a new study on asbestos litigation, now the longest-running mass tort litigation in U.S. history.

JOURNAL ARTICLE

Beyond "It Just Ain't Worth It": Alternative Strategies for Damage Class Action Reform — Dec 31, 2000

In this article, the authors explore alternative strategies for class-action reform aimed at improving the cost-benefit ratio of damage class actions.

REPORT

Class Action Dilemmas: Pursuing Public Goals for Private Gain — Dec 31, 1999

Class action lawsuits -- allowing one or a few plaintiffs to represent many who seek redress -- have long been controversial.

REPORT

Class Action Dilemmas: Pursuing Public Goals for Private Gain, Executive Summary — Jan 1, 1999

Class action lawsuits-allowing one or a few plaintiffs to represent many who seek redress-have long been controversial.

JOURNAL ARTICLE

Understanding Mass Personal Injury Litigation: A Socio-Legal Analysis — Dec 31, 1993

The civil justice system has not responded well to the challenge of handling mass torts, and many innovations have been proposed to improve processing of these cases.

REPORT

Resolving mass toxic torts: myths and realities — Dec 31, 1988

Since the early 1980s, thinking about mass toxic torts has changed dramatically, and a consensus has emerged calling for substantial modifications in traditional court processes to improve the efficiency and equity of the mass claims resolution proce...

REPORT

Resolution of Mass Torts: Toward a Framework for Evaluation of Aggregative Procedures — Dec 31, 1987

Presents the Institute for Civil Justice's (ICJ) agenda for a program of research on mass tort litigation, and the results of ICJ work to date.

PEOPLE

Lauren Caston

Adjunct
Ph.D. in mathematics, University of California, Los Angeles; B.A. in mathematics, University of California, Berkeley

PEOPLE

Steven Garber

Senior Economist
Ph.D. and M.S. in economics, University of Wisconsin-Madison; B.A. in economics, University of Connecticut

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