National Center for State Courts

 

Improving Justice through Leadership
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Mass Tort Survey

    

 

   

Mass Tort
Tracking and/or reporting of mass tort cases
Survey Results


Arizona

Civil Court Administration is responsible for tracking and monitoring the status of all complex litigation court cases.

Tort motor vehicle and tort non-motor vehicle are the reporting categories used by the state court.

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Connecticut

Complex litigation docket for civil cases with multiple litigants and/or legally challenging issues or multi-million dollar claims for damages. Docket available in Middletown (Middlesex JD), Waterbury, New Britain, Stamford, and Rockville (Tolland JD), but not statewide. Cases are assigned to an individual judge, who presides over all aspects of the case. Parties may file an Application for Case Referral--Complex Litigation Docket (JD-CV 39) to request designation as complex and assignment to the docket. Final approval is authorized by the chief court administrator based on a recommendation from the chief administrative judge or such judge's designee. See also Notice to Attorneys re: Complex Litigation Docket (eff. June 3, 2002).

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District of Columbia

Began tracking these types of cases 5/23/05 with implementation of DC Superior Court's integrated justice information system.  Reporting requirements are still being defined at this time. 

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Florida

None for mass torts statewide.

Civil Cover Sheet for the Hillsborough County (Thirteenth Judicial Circuit) Complex Business Litigation Division lists domestic relations, tort, and other civil. Tort categories include professional malpractice, products liability, auto negligence, and other negligence.

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Indiana

Statewide system does not track mass torts, but individual courts may. 

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Iowa

Civil petition cover sheet required, but does not specify mass tort.

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Kansas

The Kansas list of civil case subtype definitions does not have a category for mass or class action, but does include the following, which may be relevant:


Asbestos product liability


Legal malpractice


Medical malpractice


Other professional malpractice


Tobacco product liability


Toxic/other product liability

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Louisiana

Trial courts in 63 of Louisiana's 64 parishes have some form of automated case management in place. The Judicial Administrator’s Office of the Louisiana Supreme Court collects criminal & traffic information from the trial courts. Louisiana does not have a unified court system, so the Judicial Administrator’s Office is not aware to what extent lower courts track other data, including the number and status of mass tort cases.

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Maine

The Business and Consumer Court hears pending new jury and nonjury civil actions and family matters not involving children in which the principal claim(s) involve matters of significance to the transactions, operations or governance of a business entity and/or rights of a consumer arising out of transactions or other dealings with a business entity, and the case requires specialized and differentiated judicial management. (A.O. JB-07-1, sections I & IV).


Any superior court justice or district court judge may recommend a case to the court. Parties and/or attorneys may apply for a transfer to the court.  

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Michigan

Individual courts track mass tort cases through their individual case management systems. Quarterly reports on filings and dispositions are also submitted to the State Court Administrative Office by case type code. There are no individualized case type codes for mass tort cases, such as asbestos, that would allow for tracking by State Court Administrative Office.

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Mississippi

Civil cover sheet includes a mass tort section. 

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Missouri

Keep data on number and types of cases filed, and manners of disposition. Case types for tort cases include: personal injury with separate types for asbestos, federal employer liability, malpractice, product liability, vehicular, and other, as well as types for wrongful death, other tort, employment discrimination, and public accommodation.  Cases w/multiple plaintiffs are counted as 1 case.

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New Mexico

No, but "tort" category includes subtopic for malpractice and products liability. 

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North Carolina

According to Rule 2.1(a), "[t]he Chief Justice may designate any case or group of cases as (a) exceptional or (b) 'complex business.' A senior resident superior court judge, chief district court judge, or presiding superior court judge may ex mero motu, or on motion of any party, recommend to the Chief Justice that a case or cases be designated as exceptional or complex business." 


R. 2.1(c) dictates that "such recommendation shall be communicated to the Chief Justice through the Administrative Office of the Courts."

Factors to be considered in making the designation include:

  • the number and diverse interests of parties;

  • amount and nature of anticipated discovery and pretrial motions;

  • whether parties voluntarily agree to waive venue for hearing pretrial motions;

  • complexity of evidentiary matters and legal issues;

  • whether such designation will promote the efficient administration of justice;

  • other matters deemed appropriate by the Chief Justice.

R. 2.1(d)


The comment to the rules notes that "the term 'complex business case' is purposely not defined in order to give litigants the flexibility to seek a designation as such with respect to any business issue that they believe requires special judicial expertise. It is anticipated that any case involving significant issues arising under Chapters 55, 55B, 57C, 59, 78A, 78B and 78C of the General Statutes of North Carolina would be designated a complex business case."

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North Dakota

Cases are tracked by category, but mass tort is not one of the categories. 

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Pennsylvania

Philadelphia Court of Common Pleas routinely reports on the number of mass tort cases in the system and can readily identify their status as well as their age at time of disposition. 

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South Carolina

No special tracking, but cover sheet for civil cases has a section entitled "Special/Complex/Other," and includes the following categories:

  • Environmental

  • Automobile arbitration

  • Medical

  • Pharmaceuticals

  • Unfair trade practices

  • Out-of-state depositions

  • Other

Professional malpractice is subdivided into dental, legal, medical, and other.

Personal injury includes a subdivision on products liability.


See also special dockets.


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Tennessee

Trial courts of each judicial district respond to an annual Mass Tort Survey that requests information concerning matters that are deemed to be classified as mass torts.

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Washington

State as a whole does not track mass torts. 

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West Virginia

See West Virginia Trial Court Rule 26.01. Mass litigation panel and procedure.

Civil Case Information Statement, Civil Cases (Other than Domestic Relations), lists the following types of mass litigation (as defined in T.C.R. Rule XIX(c)): asbestos, carpal tunnel syndrome, diet drugs, environmental, industrial hearing loss, silicone implants, and other.





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