This report, done for the Mass Torts Working Group, appointed in 1998 by the Chief Justice, organizes and presents information from published sources on about fifty sets of mass tort litigations involving personal injury and property damage claims. Information presented includes the shape of the litigation (e.g., individual, class action, consolidation, etc.), the number and type of parties, the dispersal of cases in the federal and state systems, the number and types of injuries alleged, the type of product involved and the evidence of its ability to cause the harm alleged, the extent of research and testing of the product, the length of any latency period, the extent of public exposure to the product, and the current status of the litigation.

Updates the March 28, 1997 report on the federal district courts' responses to the 1993 amendments to FRCP 26. Tables describe courts' local rules, general orders, and CJRA plans by indicating which of five key provisions of Rule 26 are in effect.

Memorandum to the Advisory Committee on Civil Rules expanding on earlier report on time limits on discovery. Findings are based on data gathered from a survey of counsel in 1,000 closed civil cases and differed from findings Rand Corp. presented to the committee. The memorandum includes the following two tables:

Table 1: Length of discovery cutoffs

Table 2: Percentage of attorneys who complained that time for discovery was too short by length of discovery cutoffs imposed.

This report by Professor Jay Tidmarsh of Notre Dame Law School examines five cases in which Rule 23 of the Federal Rules of Civil Procedure has been used to achieve a settlement of a mass tort controversy. The reason for studying mass tort settlement class actions is simple: Using class actions for this purpose has been, and is, controversial. The mass tort settlement class action was the subject of a significant decision in the last term of the Supreme Court, and it is also the subject of a proposed amendment to Rule 23 that has been under consideration by the Advisory Committee on the Federal Rules of Civil Procedure. There has been considerable debate both about the idea of settlement class actions in general and about the proposed amendment in particular. There have also been a number of case studies or anecdotal descriptions about mass torts in which settlement classes have been used. Thus far, however, the studies and descriptions have been narrowly focused on only one case or on only some of the issues relevant to the propriety of settlement class actions.