Mass Torts
What is a tort?
a wrongful act or an infringement of a right (other than under contract) leading to civil legal liability
No liability without fault
wrongful injury
Mass torts
legal actions that allow a law firm to group together many clients that have been injured by the same corporation
==Difference from class action ==
a mass tort is individualized, the judge decides if there is more loss the person gets more compensation
in a class action, the individuals in the group get the same compensation (generalized)
Elements of tort law
Duty
Can be difficult to define, sometimes is written law (e.g, driving), and other times it is common knowledge (reasonable care)
Brach if duty
wrongdoer fails to comply with what the duty requires (intentional or negligent)
causation
the plaintiff must prove that his or her injuries and losses were caused by the defendant (e.g, an individual with back problems is injured in a motor vehicle accident)
damages
monetary compensation for the injuries sustained and value awarded by the court
Types of liability
negligence: car accidents
Strict: speeding, selling alcohol to a minor
absolute: owning dangerous animals, using explosives
Various types of torts
pesticides
Roundup
Paraquat
Pharmaceuticals
Elmiron
Xarelto
Medical devices/ implants
Hernia mesh
CPAP machine
Catastrophic Personal injury
Winter Storm Uri
Camp Lejeune
Massaccident
cases that arise from a catastrophic event that injures many people or causes damages to many different owners’ properties
Toxictort
actions are geographical confined, the geographic center
involves something like the spills of a toxic substance that might cause several people to develop illnesses, sometimes over long periods of time
True mass tort
Requires the new and innovative procedures for the collective treatment of claims that can be found in class actions and multidistrict litigation
==Product liability ==
one important characteristic of mas torts is they are the most common product liability claims
most of them are claiming the product is defectively designed (e.g, hernia mesh)
other claims are that the manufacturers did not provide effective warnings (e.g, roundup)
Federal and state court
State court and mass torts: each state has its own set of laws pertaining to mass torts based on how they interpret the obligations we have as members of society
**Federalcourtsandmasscourts:**there are federal courts in every state, but there is no federal tort law. The plaintiffs can borrow the state law that benefits them more.
Settlement
How are plaintiffs compensated in mass tort claims?
attorney fees, legal fees, etc
subrogation liens: the amount that the medical insurance can take from the settlement for treatment they offered related to the injury
final payment
Mass Torts
What is a tort?
a wrongful act or an infringement of a right (other than under contract) leading to civil legal liability
No liability without fault
wrongful injury
Mass torts
legal actions that allow a law firm to group together many clients that have been injured by the same corporation
==Difference from class action ==
a mass tort is individualized, the judge decides if there is more loss the person gets more compensation
in a class action, the individuals in the group get the same compensation (generalized)
Elements of tort law
Duty
Can be difficult to define, sometimes is written law (e.g, driving), and other times it is common knowledge (reasonable care)
Brach if duty
wrongdoer fails to comply with what the duty requires (intentional or negligent)
causation
the plaintiff must prove that his or her injuries and losses were caused by the defendant (e.g, an individual with back problems is injured in a motor vehicle accident)
damages
monetary compensation for the injuries sustained and value awarded by the court
Types of liability
negligence: car accidents
Strict: speeding, selling alcohol to a minor
absolute: owning dangerous animals, using explosives
Various types of torts
pesticides
Roundup
Paraquat
Pharmaceuticals
Elmiron
Xarelto
Medical devices/ implants
Hernia mesh
CPAP machine
Catastrophic Personal injury
Winter Storm Uri
Camp Lejeune
Massaccident
cases that arise from a catastrophic event that injures many people or causes damages to many different owners’ properties
Toxictort
actions are geographical confined, the geographic center
involves something like the spills of a toxic substance that might cause several people to develop illnesses, sometimes over long periods of time
True mass tort
Requires the new and innovative procedures for the collective treatment of claims that can be found in class actions and multidistrict litigation
==Product liability ==
one important characteristic of mas torts is they are the most common product liability claims
most of them are claiming the product is defectively designed (e.g, hernia mesh)
other claims are that the manufacturers did not provide effective warnings (e.g, roundup)
Federal and state court
State court and mass torts: each state has its own set of laws pertaining to mass torts based on how they interpret the obligations we have as members of society
**Federalcourtsandmasscourts:**there are federal courts in every state, but there is no federal tort law. The plaintiffs can borrow the state law that benefits them more.
Settlement
How are plaintiffs compensated in mass tort claims?
attorney fees, legal fees, etc
subrogation liens: the amount that the medical insurance can take from the settlement for treatment they offered related to the injury
final payment