Mass torts: the Windsor decision and considerations for a coordinated defense

Article Abstract:

The 1997 US Supreme Court decision in Amchem Products, Inc. v. Windsor illustrates the societal and legal problems of mass tort action. The Court ruled different plaintiffs did not receive equal protection under Federal Rule of Civil Procedure 23. Mass torts will continue to grow for workplace injuries due to computer use and for tobacco-related diseases. A compromise is needed between rights to compensation and enormous costs inflicted on business.

Class actions (Civil procedure), Class action lawsuits, Beliefs, opinions and attitudes

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Discovery of litigation databases stored on the Internet: a basis for libel?

Article Abstract:

The article discusses whether the information on Internet databases should be within the scope of discovery, the application of contractual restrictions to keep the information from being disclosed, and potential tort liability for Internet publication. The author also addresses the possible application of the attorney-client and work-product privileges to this issue, and argues for the protection of opinion work-product from discovery.

Usage, Internet, Libel and slander, Technology application, Legal research

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Ortiz v. Fibreboard: another blow to plaintiffs' classes as a means to resolve "mass tort" litigation

Article Abstract:

The author analyzes the Supreme Court's 1999 asbestos settlement case, Ortiz v. Fibreboard Corp., and its possible influence on the future of mass tort litigation. The Court's close scrutiny of the rights of unrepresented plaintiffs is covered.

Analysis, Compromise and settlement, Cases, Settlements (Law)

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