Two circuits reject mass tort classes; opinions by the 5th and 7th circuits and proposals to revise Rule 23 may signal an industry-protective stance by the courts

Article Abstract:

Recent decertifications of mass tort class actions and proposed changes to Rule 23 by the Advisory Committee on Civil Rules show a judicial perception that the mass tort class action has gone too far. The proposed revisions to Rule 23 have an industry-protective bent and the advisory committee proposes a preliminary cost-benefit inquiry to find out if the remedies to the class members would justify the cost of the action. Federal class actions which have been decertified include Castano v. American Tobacco Co. and Georgine v. Amchem Products.

Management, Class actions (Civil procedure), Class action lawsuits, Laws, regulations and rules, Mass tort suits

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If nobody's been hurt, there's simply no tort

Article Abstract:

Permitting people who have not been injured to bring products liability actions is bad policy and bad law, resulting in the manufacturer paying customers to use a reliable product, diminishing the funds available for those few who really are injured. Allowing only those who actually are injured to sue deters frivolous suits. Any product can fail to function optimally, can malfunction or have certain safety disadvantages, but that does not mean it is defective. The courts should be reserved for those who are really injured.

Cases, Prevention, Product liability, Products liability, Frivolous suits (Civil procedure)

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