Author: Jeremy Matthews

Mass Tort Litigation

With Mandatory Insurer Reporting set to finally take effect on January 1, 2011, the insurance industry, litigants, beneficiaries and legal practitioners continue to face uncertainty regarding Medicare, Medicaid and SCHIP Extension Act (MMSEA) Section 111 Reporting Requirements.
There have been numerous instances over the years where a company or institution has hurt a large number of people with something that they have put on the market. Some examples of this include the fen-phen lawsuits of the late 1990s and early 2000s, the huge cigarette/tobacco industry settlement, and lawsuits filed over the Firestone tire explosions.

When a large number of plaintiffs are hurt, they will frequently go into a lawsuit together. This is particularly true when the people hurt have very similar cases. When a list of plaintiffs gets extremely long, it is called a mass tort lawsuit.

A mass tort lawsuit is a civil action that involves numerous plaintiffs who are all fighting one or a few corporate defendants. This type of action can be performed in either federal or state court. As the name implies, mass tort includes numerous plaintiffs. Law firms frequently use mass media outlets to reach possible plaintiffs. This kind of the tort mayincorporate calamity torts, mass lethal torts, and item risk torts.

Mass tort suit is a generally unmistakable region of law. It is an unpredictable and requesting in the zone of law. A standout amongst the most troublesome parts of mass tort case is determining just who is at fault and how much fault there is. There are a number of fields where a person might become part of a mass tort procedure. These include product liability, such as for breast implants or tobacco; large business antitrust claims, like price fixing; and large scale, “man-made” disasters like airplane crashes and chemical plant explosions.

Once a person has established a mass tort claim, the procedure is similar to a regular personal injury, or tort, lawsuit. It is a civil procedure which means that a person needs to have a cause of action. While there are very similar to regular tort proceedings, there are some significant differences between regular tort and mass tort proceedings. This means that the individuals serving as plaintiffs have very similar facts in their cases and don’t have differing legal issues. The final difference is that the claims have a value interdependence. This means that for the claims to be serious, they have a dependence on the other claims.

 

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