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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There is no statistical definition of mass tort. Rather, decisions to classify cases as such are based on the number of filings and number of cases expected to be filed over a certain period of time.
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The mass tort program was established by the Pennsylvania Supreme Court by Administrative Order in 1991. As cases that could possibly be considered mass tort actions are filed, a decision is made pursuant to the filing of a Motion for Coordination as a Mass Tort Program by the Supervising Judge of the Trial Division-Civil. Where such a decision is made, an Order granting consolidation is entered by the Supervising Judge. See Rules of Procedure: Pennsylvania Rules of Court 1701 through 1716.
Montgomery County Local Rules of Civil Procedure, Rule 1041.1*, Asbestos Litigation - Special Provisions.
Revised Asbestos Summary Judgment Motion Procedures, rev'd October 29, 2008.
Revised Mass Tort Motion Procedures, rev'd October 29, 2008.
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None known.
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Abrams v. Pneumo Abex Corp., 2006 PA Super. 136 (June 9). An asbestos claimant who had sued based on a minor injury may sue again if the individual develops a more serious condition at a later date. However, note that the opinion and dissenting opinions were withdrawn, and the petition for reargument was granted August 15, 2006.
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See Pennsylvania Rules of Appellate Procedure Rules 311-313.
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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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Supreme Court Rules Committees include Appellate Procedural Rules Committee; Civil Procedural Rules Committee; Committee on Rules of Evidence; and others.
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Mass Tort cases, along with all other civil actions, are included in the Court’s civil case management information processing system. All civil actions, including mass torts, are subject to DCM techniques, including an event-driven system. Mass Tort cases are generally governed by standing case management orders, which are entered by the court after consultation with the Bar.
Discovery Court operates pursuant to the Alternative Motion Procedures set forth in Philadelphia Rule of Civil Procedure *208.3. Discovery motions are scheduled for a particular day and time and are heard before a specific judge. Contested motions may be heard in open court or in a more informal setting. Attorneys need not personally appear where discovery motions are uncontested or can be resolved by agreement. Note that Discovery Court procedures are not used for mass torts, but may be used in class actions.
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Philadelphia does not currently have an e-filing system in place for civil cases, although one is planned within the next 12-18 months.
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