Complex Litigation: A Tort “Doorstop”

Abstract

Commentary and analysis of the Report of the Working Group on Mass Torts of the Advisory Committee on Civil Rules, issued February 15, 1999. The Report includes three studies from the Federal Judicial Center, as well as potential solutions for consideration. The various appendices to the Report include materials relating to the Working Group’s meetings; a Judicial Conference Study on mass tort problems and proposals; and a Judicial Conference Team Project entitled “Individual Characteristics of Mass Tort Case Congregations.” The Report also includes a Judicial Conference study “Mass Torts & Limited Fund Bankruptcy Reorganization Settlements,” by Professor S. Elizabeth Gibson, discussing case studies of bankruptcy or limited fund settlements of mass torts arising from asbestos, breast implants, and orthopedic bone screws. The Report’s final appendix contains fourteen separate proposals for dealing with mass tort litigation.