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Complex civil litigation docket with three participating divisions.
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Currently, 16 judges in six courts handled exclusively complex cases as part of California’s complex litigation program. Cases assigned to judges in the program include a variety of complex case types, not only mass torts. Alameda County Superior Court
Contra Costa Superior Court, Department 6 (e-filing for designated complex litigation cases)
Los Angeles Superior Court (State of California Judicial Council Coordinated Proceeding #JCCP 4032, diet drug cases)
The San Diego Superior Court conducts Judicial Council Coordinated Proceedings (JCCP) cases. These cases involve a common issue of fact or law and may be filed in multiple California counties. When such cases are transferred to a single court (San Diego Superior Court), they become coordinated proceedings. Each case has its own website, "intended to facilitate communication between the court and counsel on the variety of matters relating to the coordination and processing" of that case type in California. Various sections of each site are devoted to case list, calendars, minutes/orders, case management plan, liaison counsel, and the discovery referee.
San Francisco Superior Court (asbestos and complex civil).
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Multi-district litigation panel.
A specialized business court was proposed but has not been implemented. See the Governor's Task Force on Civil Justice Reform, Final Report of Governor's Task Force on Civil Justice Reform, Denver, 2000. See especially the Report of the Committee on Business Courts, and the Business Courts Operating Statement.
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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). 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).
Lead paint litigation, Hon. Linda K. Lager: Site includes case management orders; interrogatories; and requests for production.
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The Delaware Court of Chancery is one of the oldest and most widely recognized forums for the determination of disputes involving Delaware corporations and other business entities.
Business disputes where one party is a business entity formed or having its principal place of business in Delaware, where no party is a consumer, are eligible for the voluntary Mediation Only Program. In these disputes there is no pre-existing pending action. For disputes involving solely a claim for money damages, the amount in controversy must exceed $1 million. Technology disputes are also eligible. Authority governing the program are 10 Del. C. § 347, and Rules 93-95.
Mediation may also occur voluntarily in the chancery court pursuant to R. 174. Such cases are ongoing and pending in the court of chancery. Both parties must consent to the mediation in these cases and in the Mediation Only Program, and local counsel must be present and prepared to participate in a meaningful way.
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Complex case divisions exist in the following counties: Orange and Osceola (Ninth Judicial Circuit Court business court); Dade (extended trial division); DeSoto (major trial division); Manatee (major trial division); Sarasota (major trial division); Broward (two in circuit civil); Hillsborough (Thirteenth Judicial Circuit Complex Business Litigation Division).
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The Hawaii Appellate Conference Program (Conference) was formed to provide an alternative means for resolving civil appeals. The Conference provides parties with a forum and process to realistically consider settlement of the entire case or particular issues; discuss limiting and simplifying issues on appeal; discuss briefing schedules, content of the record, and other matters; take actions to reduce costs; and "aid the speedy and just resolution of any case." All civil appeals are included in the program (exceptions include habeas, juvenile adjudications, terminations of parental rights, etc.) In cases selected for a conference, participation is mandatory.
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Commercial calendars hear cases involving a commercial relationship between parties.
See also case management.
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Asbestos and silica cases have pertinent local orders.
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Louisiana Supreme Court does occasionally assign ad hoc judges to assist individual trial courts with complex cases on an as-needed basis.
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The Business and Consumer Court states as its goals "to provide predictable judidical action in selected cases involving business and or consumer disputes, avoid placing unnecessary burdens on the court and the litigants in such cases, keep litigation costs reasonalbe, and promote an effective and efficient process for resolving such disputes."
The court has jurisdiction over "jury and nonjury civil actions and family matters that do not involve children," where "the principal claim or claims involve matters of significance to the transactions, operation or governance of a business entity and/or the rights of a consumer arising out of transactions or other dealings with a business entity," and "the case requires specialized and differentiated judicial management."
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Maryland's Business and Technology Case Management Program enables each circuit court to handle business and technology matters "in a coordinated, efficient, and responsive manner," and provides "convenient access to lawyers and litigants in business and technology" cases. See the task force's final report. Cases may be mediated. Published opinions from cases in the program have been collected and are available online. While the opinions are not considered to be precedent, those published to the site contain factual and/or legal analysis that may be of interest to attorneys, judges, and litigants interested in the program. Such opinions are submitted to the database via certain protocol.
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Silicone gel and Microsoft antitrust are only two types of cases directed to be filed or transferred to individual court.
Proposed asbestos docket in 2006. See press release: "Asbestos Docket Proposal on Supreme Court's May 24 Public Heraing Agenda; Court Seeks Comments" (May 23, 2006).
Third Circuit Court (Wayne County) handles special litigation cases such as asbestos, gel implants, and other types of cases requiring specialized case management. The court also conducts pretrial activities for mass tort litigation filed in other MIchigan courts.
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Assignment to a single judge is possible for certain cases under Minnesota Rules of General Practice for the District Courts, Rule 113.
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At one time St. Louis had special dockets for complex cases such as lead paint, asbestos, etc. In December of 2006, the judges voted for individual docketing. Now, all cases are randomly assigned to the 18 judges in the circuit.
Some practices from the special dockets remain. For example, the presiding judge may hear pretrial issues in asbestos cases. In complex wrongful death and/or medical malpractice cases, a discovery schedule is used to plan trial dates.
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Asbestos: The 2001 legislature created an asbestos claims court. Claims consist of actions brought for recovery of monetary damages for personal injury, wrongful death, loss of consortium, or other injury arising out of an asbestos-related disease alleged to result from mining or processing vermiculite, or the transfer, storage, installation, or removal of a product containing vermiculite.
A civil action involving such claim may be tried by a judge pro tem or special master who is a member of the state bar, agreed upon in writing by parties, appointed by the supreme court as an asbestos claims judge, and sworn to try the cause. See Mont. Code Ann. 3-20-101 et seq.
Medical Legal Panel: According to the Rules of Procedure for the Montana Medical Legal Panel, the Panel exists to "prevent, where possible, the filing in court of actions against health care providers and their employees for professional liability in situations where the facts do not permit at least a reasonable inference of malpractice and to make possible the fair and equitable disposition of such claims against health care providers as are or reasonably may be well founded." R. 3. Medical Legal Panel claims have their own timetable. The statute of limitations tolls upon filing of the application. The state also has a separate Chiropractic Legal Panel, which has its own rules of procedure.
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Court has specialized panel of three judges to hear construction defect cases.
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Mass torts statewide are managed by four judges in three locations: Middlesex County, Bergen County and Atlantic County.
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Pursuant to the Comprehensive Civil Justice Program 2005: Study and Recommendations, the NY State Unified Court System is actively considering establishment of a Center for Complex Litigation.
Commercial Division courts exist in Albany, Erie, Kings, Nassau, New York, Queens, Suffolk, and Westchester Counties, and in the Seventh Judicial District (Monroe, Wayne, Ontario, Livingston, Yates, Seneca, Steuben, and Cayuga Counties).
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Some can be assigned to Business Court and others may be assigned to a Special Judge under Rule 2.1 of the Rules of Practice.
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The Supreme Court of Ohio has assigned asbestos litigation to the Lucas County Common Pleas Court.
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The court has maintained specialized dockets for mass tort cases for many years. At present, there are several Mass Tort Programs, including Asbestos, Latex Glove, Phen-Fen, Hormone Therapy, Breast Implant, Baycol, Lotronex, Phenylpropanolamine (PPA), Beryllium, Paxil, Silica, Lymerix and Vioxx.
Philadelphia's Court of Common Pleas houses a Complex Litigation Center. In addition to the mass torts listed above, the Center administers the Major Non-Jury Docket, Appeals from Arbitration, and the Drug Forfeiture/Return of Property (Jury) calendars. See also the 2009 Asbestos Trial List.
In Montgomery County, asbestos litigation is assigned to two judges and a law clerk. See Montgomery County Local Rules of Civil Procedure, R. 1041.1*, Asbestos Litigation - Special Provisions.
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One judge is usually assigned to handle certain complex litigation cases. For example, one judge will hear all Oxycontin cases. Another judge may hear all litigation involving asbestos.
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Bridgestone/Firestone, Ford, and General Motors Litigation in Sixth Circuit Court, Davidson County, Tennessee. All cases filed in the Circuit Courts for Nashville, Davidson County, Tennessee, in which Bridgestone Corporation, Bridgestone/Firestone, Inc., and either Ford Motor Company or General Motors Corporation are co-defendants have been consolidated for all pre-trial matters and assigned to Judge Thomas W. Brothers, Sixth Circuit Court, 20th Judicial District of Tennessee.
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Rule 13 of the Texas Rules of Judicial Administration deals with multidistrict litigation. Rule 13 allows a party to submit a motion to an MDL Panel requesting that the case in question and related cases be transferred to a special pretrial court that would decide all pretrial matters in place of the trial court. Once pretrial matters are handled, all cases are transferred back to the trial courts in which the cases originated.
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Not statewide. At different times, individual courts have adopted tracks for pre-assigning complicated civil cases to individual judges, so that for each case a single judge hears both the pre-trial issues and the trial itself. These specialized civil tracks, however, are not necessarily limited to mass torts on the whole, as much as they are limited to any tort cases that might be particularly complicated and time-consuming.
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The Mass Litigation Panel (Panel), created in 1998, consists of six active or senior status circuit judges, appointed by the chief justice with approval of the full court. Each serves a term of three years. The panel presides over actions referred to it by the chief justice and provides assistance and guidance to any other circuit court judge within the state upon assignment by the chief justice; develops and implements case management and trial methods for mass litigation cases; and recommends rules for adoption by the appellate court for conduct of business of the Panel.
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Medical mediation panels exist to assess strengths and weaknesses of claims. By law, all medical malpractice claims must go through this process before they can proceed to court. Panels consist of a lawyer, a health care provider, and a layperson who, together, provide early neutral evaluation of the case in hopes that claims without merit will be identified early, and that resolution of claims with merit will be expeditious. Decisions are non-binding and informal.
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