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When bigger isn't better: class actions are gaining popularity for resolving mass tort claims efficiently - and garnering criticism for steamrolling bad settlements from which there is no escape

Article Abstract:

Mass tort settlements, which provide corporate defendants with resolution and certainty, are being criticized because class action suits are being used to foreclose further action. Continuing harm and limited notice can leave some plaintiffs with inadequate remedies or exclude them completely. Recent mass tort class actions include suits against tobacco, asbestos, pick-up truck and breast implant manufacturers. Notice requirements have been particularly problematic. Some commentators feel that class action procedures should not be used for mass torts.

Analysis, Class actions (Civil procedure), Compromise and settlement, Class action lawsuits, Settlements (Law)

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Norplant: the next mass tort; state and federal suits allege birth control device is defective

Article Abstract:

State and federal class-action suits claim the Norplant birth-control implant is defective and causes a host of side effects, but defendants stand by their product. The state case involves 27 counts and was certified in a state court in Cook County, IL, while the federal one includes 168 cases consolidated for discovery purposes in Beaumont, TX, where class certification is expected in Oct. The implant consists of six capsules of silicone, containing a hormone. The cases are only superficially similar to breast implant litigation.

Norplant (Contraceptive), Contraceptive drug implants

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Making a case for change; tort reform advocates see $3.4 billion award as evidence of sick system

Article Abstract:

A $3.4 bil judgment in a Louisiana case awarded residents of a mostly African-American New Orleans neighborhood after a railroad chemical fire restaurant has tort reform advocates calling anew for changes in the system and corporate leaders stating Louisiana is not a good place to conduct business. The case involved no deaths and most injuries were no worse than sore throats. Few expect the award to survive the appellate level without sharp reductions.

Tort reform, Public opinion, Louisiana

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