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Mass Torts

Report
The Globalization of Mass Civil Litigation: Lessons from the Volkswagen "Clean Diesel" Case
This report describes the Volkswagen "clean diesel" emission fraud litigation to illustrate the features of global mass litigation and the problems that arise in the resolution of these types of claims across transnational jurisdictions.
Jun 22, 2021
Multimedia
Opioid Litigation: What's New, and What Does It Mean for Future Litigation?
More than 2,000 plaintiffs have joined the largest civil trial in U.S. history: National Prescription Opiate Litigation (MDL 2804). In this virtual symposium, experts discuss the opioid litigation and its effects on the future of mass litigation.
Feb 9, 2021
Journal Article
The Public Health Value of Opioid Litigation
This article proceeds in three parts: discussions of the general goals and role of public health tort litigation, the demonstrated and potential value of opioid litigation to achieve public health goals, and a conclusion.
Jul 31, 2020
Report
Emerging Trends in Compensation for Widespread Losses
These conference proceedings explore emerging trends in compensation for widespread loss events, including regulators' changing roles, the impact of liens, and claim aggregation.
Dec 4, 2017
Report
Designing Compensation Funds After Disasters
Man-made and natural disasters in the United States can cause personal injury and property damage to dozens, and sometimes even thousands, of people. Sometimes victim compensation programs are created afterwards. Program designers must consider fairness to victims, timely compensation, and low transaction costs.
Jul 6, 2016
Report
Economic Effects of Product Liability and Other Litigation Involving the Safety and Effectiveness of Pharmaceuticals
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.
Feb 19, 2013
Research Brief
Diagnostic Abuse in Silica Litigation
This brief analyzes the factors that led to the exposure of widespread abuse in the diagnoses in thousands of silica injury claims in Texas, then suggests ways to uncover such abuses in mass personal-injury litigation more easily in the future.
Dec 4, 2009
Report
The Abuse of Medical Diagnostic Practices in Mass Litigation: The Case of Silica
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.
Nov 13, 2009
Journal Article
Group and Aggregate Litigation in the United States
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.
Dec 31, 2008
News Release
RAND Study Finds Class Actions Against Insurers Rose Prior to Recent Reforms and Many Cases Occurred Outside Public View
April 4, 2007 news release: RAND Study Finds Class Actions Against Insurers Rose Prior to Recent Reforms and Many Cases Occurred Outside Public View.
Apr 4, 2007
Research Brief
Anatomy of an Insurance Class Action
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.
Mar 13, 2007
Research Brief
Asbestos Litigation Costs, Compensation, and Alternatives
This research brief describes work documented in Asbestos Litigation (MG-162-ICJ).
Nov 25, 2005
News Release
RAND Study Finds More Than 730,000 People Have Filed Asbestos Injury Claims in U.S., Costing Defendants More Than $70 ...
RAND Study Finds More Than 730,000 People Have Filed Asbestos Injury Claims in U.S., Costing Defendants More Than $70 Billion
May 10, 2005
Report
Asbestos-Related Claims Exceed 730,000, Cost More than $70 Billion
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.
May 9, 2005
Report
Fashioning a National Resolution of Asbestos Personal Injury Litigation: A Reply to Professor Brickman
In this paper, reprinted from Cardozo Law Review, the author responds to Professor Brickman's analysis of the asbestos litigation problem, as well as to his proposal for a national administrative solution to the problem.
Dec 31, 2003
Report
Revisiting the Monster: New Myths and Realities of Class Action and Other Large Scale Litigation
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.
Jan 1, 2002
Report
Asbestos Litigation Costs and Compensation: An Interim Report
Examines the dimensions of current asbestos litigation and the potential future effects of the litigation on the U.S. economy
Dec 31, 2001
Report
Beyond "It Just Ain't Worth It": Alternative Strategies for Damage Class Action Reform
In this article, the authors explore alternative strategies for class-action reform aimed at improving the cost-benefit ratio of damage class actions.
Jan 1, 2001
Report
Asbestos Litigation in the U.S. A New Look at an Old Issue
This briefing documents the first phase of a new study on asbestos litigation, now the longest-running mass tort litigation in U.S. history.
Dec 31, 2000
Report
Class Action Dilemmas: Pursuing Public Goals for Private Gain
Class action lawsuits — allowing one or a few plaintiffs to represent many who seek redress — have long been controversial.
Jan 1, 2000

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RAND Topic:
Aggregate Litigation

Topic Synonyms:
Mass Torts