Mass Torts

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Research conducted by: RAND Justice, Infrastructure, and Environment; RAND Institute for Civil Justice

Journal Articles (7)

Group and Aggregate Litigation in the United States — Jan 1, 2009

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.

Fashioning a National Resolution of Asbestos Personal Injury Litigation: A Reply to Professor Brickman — Jan 1, 2004

Fashioning a National Resolution of Asbestos Personal Injury Litigation: A Reply to Professor Brickman

Revisiting the Monster: New Myths and Realities of Class Action and Other Large Scale Litigation — Jan 1, 2002

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.

Beyond "It Just Ain't Worth It": Alternative Strategies for Damage Class Action Reform — Jan 1, 2001

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

Individuals within the aggregate : relationships, representation, and fees — Jan 1, 1996

Individuals within the aggregate : relationships, representation, and fees

A glass half full, a glass half empty : the use of alternative dispute resolution in mass personal injury litigation — Jan 1, 1995

A glass half full, a glass half empty : the use of alternative dispute resolution in mass personal injury litigation

Understanding Mass Personal Injury Litigation: A Socio-Legal Analysis — Jan 1, 1994

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.

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Steven Garber

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Steven Garber

Steven Garber is a senior economist at the RAND Corporation and an associate editor of the Journal of Empirical Legal Studies.

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Lauren Caston

Lauren Caston is an adjunct mathematician at the RAND Corporation. He studies catastrophe and litigation modeling, information retrieval and search processes, and risk management. Caston studied mathematical supersymmetry under V.S. Varadarajan at the University of California, Los Angeles,…

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