The
first module explains and defines mass torts and discusses the landscape
against which these actions are brought. We’ll look at different types of mass
torts and focus especially on product liability cases. We’ll also look at the
“common issues of fact and law” common denominator of all mass tort actions.
Module
2 looks at the class action lawsuit. We’ll go through Federal Rule of Civil
Procedure 23 and its requirements. We’ll discuss the four basic requirements of
the class action (numerocity, commonality, typicality and adequacy of
representation) and the additional factors that courts must find to certify a
class. We’ll also look at the procedural steps involved in getting a class certified
and identifying and notifying the class members.
In Module
3, we’ll turn to multidistrict litigation, a less formal method of
consolidating litigation than filing a class action, but one which is easier to
complete successfully. We’ll look at the process of initiating multidistrict
litigation, how and under what rules it is run and discuss the litigation’s
procedural framework.
Module
4 will combine the two types of mass tort litigation and discuss the interplay
between them. We’ll look at when each type is appropriate and when multiple
class actions can be aggregated into multidistrict litigation.
Finally,
in Module 5, we’ll discuss the settlement procedure in each type of case and
what trials look like when they become necessary.
After
completing this course, you will understand the landscape of mass tort
litigation and know the various options available to plaintiffs and defendants
in mass tort cases and their advantages and risks.
Best
of luck and we welcome your feedback.
TOR-302: Mass Torts