None known.
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No definition. Since Texas does not track mass tort cases, there is no definition of the term “mass tort” for court statistical purposes.
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Rule 42 of the Texas Rules of Civil Procedure deals with class actions. The rule specifies the situations in which class actions may be maintained. The rule also sets out the mechanics of notice and membership in a class. Additionally, the rule addresses the settlement of class actions, the appointment of class counsel, & the procedure for determining the award of attorney’s fees. Rule 13 of the Texas Rules of Judicial Administration deals with multidistrict litigation (MDL).
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SB 15 became effective September 1, 2005. The bill creates Chapter 90 of the Civil Practice and Remedies Code, which demands that certain thresholds be met before an asbestos lawsuit may be maintained. Specifically, individuals wishing to bring suit must show some demonstrable illness – not just exposure to asbestos. The bill created § 90.010 of the Civil Practice and Remedies Code, which specifies the actions to which the MDL rules (R 13) apply. Section 90.010 also requires MDL pretrial courts to expedite cases in which an exposed person is living and has been diagnosed with an asbestos-related illness.
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None known.
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MDL orders.
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An order of the judicial panel on multidistrict litigation (MDL Panel) may be reviewed only by the Texas Supreme Court in an original proceeding. Orders of the pretrial court may be reviewed on an expedited basis by an appropriate intermediate appellate court.
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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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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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There will be. Pursuant to SB 15, each MDL pretrial court must make a report to the governor and others concerning (1) the number of MDL cases on its docket; and (2) other information on the MDL cases.
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Pretrial courts in MDL cases may direct manner in which pretrial documents are filed, including e-filing.
The Judicial Committee on Information Technology (JCIT) maintains information about e-filing, standards, guidelines, policies, grant assistance, etc.
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