FAQ

What is a Mass Tort?

A mass tort is a method of organizing cases involving the same or similar injuries and a common defendant in a state court. In New Jersey, multiple individual cases are managed by one judge and according to a centralized schedule. Mass Torts offer a cost-effective way for the courts to manage the cases and for plaintiffs to pursue claims. Current Mass Torts involve pharmaceutical products, medical devices, environmental hazards and other issues.

What is a Mass Tort claim?

Mass Tort claims usually consist of an assertion that a company has intentionally, knowingly and negligently produced and distributed a defective product. The claimants believe that this negligence led to injuries they suffered.

What is an MDL?

Multidistrict Litigation (MDL) is a type of legal proceeding designed to transfer similar pending lawsuits brought in federal district courts to a single judge in a single jurisdiction. MDL=s are governed by a Judicial Panel within the United States federal court system, which was established by Congress in 1968. The MDL Judge and Mass Tort Judge generally work together to ensure there are consistent rulings for all state and federal cases.

What is the function of the Judicial Panel on Multidistrict Litigation (JPML)?

The JPML consists of seven appellate and district court judges, each from a different judicial circuit, appointed by the Chief Justice of the United States. These seven judges decide by a majority vote whether to create an MDL, select the district court and assign a judge to preside over the litigation.

How is a lawsuit classified as an MDL?

To be considered an MDL, the lawsuits must involve one or more common questions of fact.

Why is an MDL beneficial?

An MDL promotes efficiency. Instead of hundreds of lawsuits pending in different courts throughout the country, lawsuits are consolidated into a single forum that proceeds in an orderly fashion that saves the parties attorneys’ fees and costs. Also, the combination of claims into a single forum increases efficiency by permitting counsel to pool their resources to work for the “common benefit” of the plaintiffs.