Settlement and Trials of Mass Torts - Module 5 of 5

Question 1

Most mass tort actions are resolved in what way?

a. The cases are tried in a large-scale proceeding before the judge in a multidistrict litigation (MDL) proceeding.

b. The cases are settled while in an MDL.

c. The cases are resolved by motions to dismiss or motions for summary judgment.

d. Most cases are remanded to the original court in which they were field for trial.

Question 2

What is the chronological order in which a settlement may be achieved in an MDL?

a. Discovery takes place, negotiations between counsel takes place, counsel reach a tentative settlement, a settlement class is certified, and the class then receives the settlement.

b. Discovery takes place, negotiations between counsel takes place, a settlement class is certified, counsel reach a tentative settlement, and the class then receives the settlement.

c. Discovery takes place, a settlement class is certified, negotiations between counsel takes place, counsel reach a tentative settlement, and the class then receives the settlement.

d. A settlement class is certified, discovery takes place, negotiations between counsel takes place, counsel reach a tentative settlement, and the class then receives the settlement.

Question 3

What role must a judge take in order for a class action to be settled?

a. The judge must negotiate the settlement with class counsel.

b. The judge must agree to oversee the distribution of the settlement award.

c. The judge must approve the settlement before it is approved.

d. The judge does not necessarily have to get involved in settling a class action, though judges often do choose to get involved.

Question 4

At a hearing on a class action settlement:

a. Only lead counsel may participate.

b. The judge is not supposed to evaluate the settlement’s fairness or second-guess the negotiated terms.

c. The judge must approve the settlement unless he or she finds a conflict of interest between lead counsel and the plaintiffs as a whole.

d. All members of the class may filed objections to the settlement.

Question 5

Who is bound by the settlement of a class action that is part of an MDL?

a. All MDL plaintiffs are bound by the terms of that settlement even if they are not members of the class.

b. All MDL plaintiffs are bound by the terms of that settlement unless they object and choose to opt out of the settlement.

c. All members of the class, but only members of the class, are bound by that settlement.

d. All members of the class, but only members of the class, are bound by that settlement, but not if they choose to opt out of the settlement.

Question 6

The settlement of a class action is only fair, reasonable, and adequate if what finding is made?

a. The negotiations were at arms’ length.

b. The negotiations were at arm’s length and the class counsel and representative adequately represented the class.

c. The negotiations were at arm’s length, the class counsel and representative adequately represented the class, and the terms of the settlement provide adequate relief.

d. The negotiations were at arm’s length, the class counsel and representative adequately represented the class, the terms of the settlement provide adequate relief, and the lawyers are not underpaid for their efforts.

Question 7

For the relief provided in a settlement to be adequate, that relief needs to meet what standard?

a. The relief provided to the plaintiffs must exceed, in the aggregate, the attorney’s fees their counsel receive.

b. The attorney’s fees proposed must be fair, and the class members are treated equitably relative to each other.

c. All members of the class must agree to the relief.

d. The relief must be proportionate to the likely award provided each plaintiff at trial if the plaintiffs were to receive a favorable verdict on liability.

Question 8

What is the purpose of a bellwether trial in an MDL?

a. Bellwether trials provide information to the parties that assist them in settlement negotiations.

b. Bellwether trials create binding rulings on liability for all cases in the MDL

c. Bellwether trials create a scale of damages to be applied in all cases in the MDL.

d. Bellwether trials allow the court to mandate settlement on the entire MDL on terms consistent with the trials’ verdicts..

Question 9

The bellwether trials are held before what judge?

a. The bellwether trial, like all trials in an MDL, must be held in front of the judge from whom the case was transferred.

b. The MDL judge tries the bellwether trials after the parties consent to a trial before that judge.

c. The MDL judge can order the parties to selected bellwether trials to allow the trial to take place before that judge.

d. The bellwether trial takes place before the Judicial Panel of Multidistrict Litigation.

Question 10

When MDL cases are ready for trial, what happens?

a. The case is automatically transferred back to the original court where it was filed.

b. The MDL judge transfers the case back to the original court where it was filed for trial.

c. The parties to the case agree to transfer it back to the original court for trial.

d. The Judicial Panel for Multidistrict Litigation transfers the case back to the original court for trial after the MDL suggests that transfer, or after a party to the case moves the Panel to transfer it.