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Full-Text Articles in Law
Building A Better Mousetrap: A New Approach To Trying Mass Tort Cases, Richard O. Faulk
Building A Better Mousetrap: A New Approach To Trying Mass Tort Cases, Richard O. Faulk
Richard Faulk
For many years, both state and federal courts have struggled with the extraordinarily difficult problems raised by mass tort litigation. In an effort to resolve these controversies, the courts have resorted to increasingly creative procedures -- with mixed results. Courts have tried class certification in various forms, consolidation on a "controversy by controversy" basis or on the basis of "common issues," and bellwether trials with smaller groups of plaintiffs selected by varying procedures. These creative techniques have been employed in the interest of achieving results and ending the controversies expeditiously. Unfortunately, in pursuing those goals, each technique has collided, in …
Determining Trial Type In Complex Toxic Tort And Environmental Cases, Richard Faulk
Determining Trial Type In Complex Toxic Tort And Environmental Cases, Richard Faulk
Richard Faulk
Generally, there are four trial options available for dealing with complex multi-party cases, although they can be blended or combined in a number of ways. They include: a conventional plenary trial for all plaintiffs and all defendants on all issues; one or more separate trials on issues, such as limitations or causation; "pilot" or "bellwether" trials for selected plaintiffs against all defendants on all issues; and class actions where the claims of class representatives are tried in a plenary fashion. This article examines these options and their relative benefits and disadvantages.