National Center for State Courts

 

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District of Columbia Mass Tort Survey

    

 

   

Mass Tort
District of Columbia
Survey Results



Tracking and/or reporting of mass tort cases

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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Definition of "mass tort"

Cases involving claims for relief based upon exposure to asbestos are designated to the Civil I calendar. Other cases may be designated to the Civil I calendar upon motion of any party, subject to approval, or sua sponte. Factors to be considered for such designation of non-asbestos cases include estimated length of trial; number of witnesses; number of exhibits; nature of the factual and legal issues; extent to which discovery may require court supervision; number of motions that may be filed; other relevant factors.

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Procedural rules

SCR-Civ. 23 and 23-I. Class actions.


SCR Civ.40-I. Assignment of cases for trial.


SCR Civ.. 40-II. Certification and assignment of cases to civil I calendars.

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Statutes

None known.

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Case law

Ford v. Chartone, Inc., 834 A.2d 875 (D.C. App. 2003). 

Richards v. Delta Air Lines, Inc., No. 05-7004, July 14, 2006. Class status refused in suit against airline by passengers seeking compensation for lost luggage because suit was predominately or exclusively for monetary damages, without predominating common questions of law or fact.

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Administrative orders

Administrative Order dated August 25, 2005, amends certain civil procedural rules, including those regarding e-filing; pretrial conferences; and certification and assignment of cases to the Civil I calendar.


Administrative Order 05-04, "eFiling with IJIS Implementation," May 17, 2004.


Administrative Order M-211-01
, "DCCA Establishes Procedures for Receiving Documents Electronically Filed in Superior Court" November 9, 2001..

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Interlocutory appeal

See Ford v. Chartone, Inc., 834 A.2d 875 (D.C. App. 2003).


Interlocutory orders of the trial court may be reviewed in the appellate court by filing an application for leave to appeal. Some interlocutory orders are appealable as a matter of right. (28 U.S.C. § 1295)


Appeals also lie, but not as a matter of right, in case of certain interlocutory orders of the U.S. District Court certified to  involve controlling question of law, but petition for permission must be filed within 10 days after entry of order. 28 U.S.C. § 1292(b); F.R.A.P. 5.

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Infrastructure: special dockets

None known.

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Infrastructure: task forces, commissions, or other policy-level bodies

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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Infrastructure: task forces, commissions, or other policy-level bodies

Joint Commission on Judicial Administration.

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Case management

On May 23, 2005, the Civil Division of the D.C. Superior court completed implementation of their portion of an enterprise-wide justice information system.  Implementation in the Family Court took place more than a year ago; Criminal Division will be online by October 2005.

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Technology

Electronic case filing (ECF) pointers, registration for the federal PACER system, listserv, training, and other assistance and information is available online.


See also administrative orders.

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Last Modified: 8/28/2006 5:40:06 PM

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