National Center for State Courts

 

Improving Justice through Leadership
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Kansas Mass Tort Survey

    

 

   

Mass Tort
Kansas
Survey Results



Tracking and/or reporting of mass tort cases

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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Definition of "mass tort"

None known.

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Procedural rules

Rules Relating to District Courts:

Rule 142, medical and professional malpractice screening panels -- procedure, compensation, and expenses.

Rule 146, consolidation of multidistrict litigation.

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Statutes

Kansas Annotated Statutes §20-302b. District magistrate judges; jurisdiction, powers and duties; appeals.  (Statute prohibits district court jurisdiction over class actions.)


Kansas Annotated Statutes
§ 60-223. Class actions
.


Kansas Annotated Statutes
§ 60-2103. Appellate procedure.

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Case law

Kuhn v. Sandoz Pharmaceuticals Corp., 270 Kan. 443 (2000). 

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Administrative orders

None known.

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Interlocutory appeal

Kan. Sup. Ct. Rules 4.01 and 4.02.

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Infrastructure: special dockets

None known.

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

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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Case management

Civil cases are subject to a case management system in the 18th Judicial District Court, which serves Wichita and Sedgwick County.

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Technology

Rules Relating to District Courts, Rule 122, electronic filing and transmission of electronic district court documents, allows district courts to permit, by local rule, documents to be "filed, signed, or verified by electronic means" given that such local rule is consistent with Supreme Court Rule 119 regarding fax filing.

Electronic filing
is available for some types of cases in Shawnee County.

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Last Modified: 8/28/2006 5:55:31 PM

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