NCJ Number
170787
Date Published
1997
Length
46 pages
Annotation
This booklet documents the crisis facing the mass tort system and specific system failures, identifies categories of lawsuits involved in mass tort actions, and outlines goals for mass tort system reform.
Abstract
The first part indicates differences of opinion prevail about how problems in the mass tort system should be solved and notes the growing consensus that the status quo is unacceptable because mass torts cannot be handled effectively by conventional legal means. In discussing specific failures of the mass tort system, the second part concludes current methods of resolving mass tort claims do not efficiently provide appropriate compensation to those who have suffered legitimate injuries, too often make inappropriate punitive damage awards, are not suitable for consideration by a jury, undermine the public's confidence in the legal system, impose an unfair burden on defendants in light of already existing regulatory compliance requirements, and frequently lead to misuse and manipulation of nonjudicial government agencies in pursuit of litigation advantage. The third part indicates mass tort generally refers to one of three lawsuit categories: (1) claims founded on injuries purportedly resulting from a single accident or disaster; (2) claims of financial damage that purportedly arise from a business practice; and (3) claims of injury purportedly due to a common harmful condition that cannot be attributed to a single accident or disaster. The fourth part sets the following goals for mass tort system reform: fair determination of liability and damages, efficient compensation system, reduced transaction costs, and protection of the traditional legal system. 96 footnotes