Consolidated cases raise fairness issues

Article Abstract:

Consolidating mass tort cases may deprive defendants of their right to have a fair trial. One example of this issue was the ruling of the 2d US Circuit Court of Appeals in Malcolm v. National Gypsum Co., in which the trial court was held to have abused its discretion in consolidating 48 asbestos cases with different exposures. Asbestos cases are a good example of a mass tort in which causation, exposure and damages differ on a case-by-case basis. Even with precautionary measures, consolidated trials of such cases can prejudice defendants.

Management, Mass tort suits, Complex litigation

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Market-share acceptance is still limited

Article Abstract:

Products liability cases, including a series of lead paint cases decided in the early 1990s, indicate that the market share liability theory has not gained general acceptance. The theory has been used mainly in cases involving diethylstilbestrol (DES). Of the six state appellate courts which have issued market share liability rulings, all but one concerned DES. Judges in toxic tort cases such as those involving lead paint have been troubled by the failure of the market share theory to single out a tortfeasor.

Analysis, Market share liability

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How Cipollone affects other industries

Article Abstract:

Cipollone v Liggett Group Inc's preemption standard may be applicable to federal laws regarding pesticides and alcohol to pre-empt state tort actions due to insufficient product warnings. The Federal Insecticide, Fungicide and Rodenticide Act (FIFRA) and the Alcoholic Beverage Labelling Act are two laws with express preemption provisions. Courts which have decided FIFRA cases according to Cipollone agree with this preemption standard.

Laws, regulations and rules, Labeling, Alcoholic beverages, Exclusive and concurrent legislative powers, Preemption (Legislative power), Pesticides, Failure to warn (Law)

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