National Center for State Courts

 

Improving Justice through Leadership
and Service to the Courts

     

  

Mass Tort Survey

    

 

   

Mass Tort
Infrastructure: task forces, commissions, or other policy-level bodies
Survey Results


Alaska

Governor's Advisory Task Force on Civil Justice.  Administrative Order No. 165. 

Alaska Judicial Council. Alaska Civil Cases: June 1999-December 2000. Anchorage: Alaska Judicial Council, May 2001.

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Arizona

Complex Civil Litigation Court Evaluation Committee. Established by Administrative Order (see above).

Final Report of the Committee to Study Complex Litigation (September 2002).

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California

The California Judicial Council has the following committees:


Advisory Committee on Civil Jury Instructions


Appellate Advisory Committee


There is a complex litigation subcommittee of the
Civil and Small Claims Advisory Committee. See the subcommittee's reports: Rules for Coordination of Complex Civil Actions, September 23, 2004; and Electronic Submission of Documents to Chair of
Judicial Council
, March 24, 2005.


Court Technology Advisory Committee

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Colorado

Governor's Task Force on Civil Justice Reform. See the 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. However, note that the business court was not implemented.

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District of Columbia

Civil Division of the D.C. Superior court maintains a civil I calendar for complex litigation.  Two judges manage this calendar, currently with about 600 cases on it. Twelve judges manage the civil II calendar, consisting of 9,000 standard civil cases.

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District of Columbia

Joint Commission on Judicial Administration.

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Florida

Florida has a Task Force on Management of Cases Involving Complex Litigation. It was established by Administrative Order AOSC06-53 to study and examine the efficient and effective managment of complex litigation. Issues being considered by the task force include resolving discovery, case porcessing, and preservation of judicial resources. The task force is considering changes to the current rule of civil procedure but has not yet adopted any changes. The transcript from its June 27, 2007, panel discussion is available online.

Supreme Court
Committee on ADR Rules and Policy.

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Georgia

Supreme Court Committee on Technology.

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Kansas

The Judicial Council Civil Code Advisory Committee on Kuhn v. Sandoz Pharmaceuticals Corp. issued a report: Report of the Judicial Council Civil Code Advisory Committee on Kuhn v. Sandoz Pharmaceuticals Corp. and "Pure Opinion" Testimony (February 15, 2006). The study and report were conducted at the request of Sen. John Vratil, to see whether the Kuhn decision altered the Frye test to allow the admission of "pure opinion" testimony. The Committee concluded that the decision did not result in any change in practice or interpretation of the Frye test for admissibility of expert opinions, and unanimously recommended that no legislative action be taken in response to the Kuhn opinion.


Similarly, the Committee examined 2005 SB 53. The Committee unanimously opposed the bill's proposed amendments to K.S.A. 60-456, 60-457, and 60-458, finding that the amendments are not needed because Kansas uses the Frye test; that the amendments would prove too burdensome on the state courts; and that "judges are adept at determining the credibility of expert testimony, and it is the jury's constitutionally mandated function to decide fact issues and weigh evidence." See Report of the Judicial Council Civil Code Advisory Committee on 2005 SB 53 (December 2, 2005). 

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Kentucky

The Kentucky Supreme Court formed a committee to study whether any rule changes related to mass tort litigation should be considered.

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Louisiana

In the mid-1990’s, the Louisiana Supreme Court formed the Committee on Complex Litigation, which produced the “Complex Litigation Bench Book for Judges.” 

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Maine

The Judicial Branch Business and Consumer Docket Advisory Committee to the Chief Justice "will continue to assist the Court in assuring that the BCD is responsive to the public's needs"; see the announcement and roster.

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Maryland

Maryland Business and Technology Court Task Force formed in 2000 by the general assembly to consider feasibility of establishing a specialized court, which it did (see "special dockets").

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Mississippi

Task Force on Local Government Information Systems (LoGIS). Roster of members, meetings, HB992, reports, surveys, available on the Mississippi courts site.

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Montana

State Bar of Montana Technology Committee.

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Nevada

An informal bench/bar committee meets to discuss construction defect-related matters.

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New Hampshire

New Hampshire Supreme Court Committee on Justice System Needs and Priorities. See their final report (1994), particularly the work by the technology subcommittee. Updated case management system (CMS) allows for system-wide database and uninterrupted exchange of information among system users. There is also a CMS working group. Began e-noticing of hearings and court orders simultaneously with implementation of CMS at each court site (p. 8).

See also case management.

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New Jersey

Council of Presiding Civil Judges Judicial Council.

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North Dakota

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Pennsylvania

Supreme Court Rules Committees include Appellate Procedural Rules Committee; Civil Procedural Rules Committee; Committee on Rules of Evidence; and others.

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Texas

The Judicial Committee on Information Technology (JCIT) states as its goal: "to establish standards and guidelines for the implementation and integration of information technology into the trial and appellate courts of Texas." 

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Utah

The Interim Judiciary Committee of the Utah State Legislature is looking at tort reform and recommended legislation for the 2006 Utah State Legislature General Session.

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Wisconsin

Federal-State Judicial Council.

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