Landmark Cases and Developments:
1. Asbestos Litigation:
- The extensive litigation related to asbestos exposure in the 1970s and 1980s established many of the precedents and procedures used in mass torts today. The volume of cases led to the creation of specialized procedures for handling large-scale litigation.
2. Agent Orange:
- In the 1980s, Vietnam War veterans exposed to Agent Orange, a herbicide used by the U.S. military, filed lawsuits against the manufacturers. The litigation resulted in a significant settlement and raised awareness of the potential for mass tort actions involving toxic substances.
3. Silicone Breast Implants:
- The 1990s saw mass tort litigation involving silicone breast implants. Plaintiffs claimed that the implants caused various health problems. The cases resulted in substantial settlements and highlighted the role of mass torts in product liability cases.
Expansion and Evolution:
- 2000s - Present: The scope of mass tort litigation has continued to expand, covering a wide range of products and issues. High-profile cases have included litigation involving pharmaceuticals (e.g., Vioxx, opioids), environmental disasters (e.g., BP oil spill), and consumer products (e.g., Roundup weed killer).
Significant Trends:
1. Multidistrict Litigation (MDL):
- The use of MDL has become a common approach for managing mass torts in federal court. This process allows for the consolidation of pretrial proceedings to streamline the handling of numerous similar cases.
2. Global Settlements:
- Many mass torts are resolved through global settlements, where the defendant agrees to compensate all plaintiffs in a single agreement. This approach can provide quicker resolution and reduce litigation costs.
3. Emerging Issues:
- New areas of mass tort litigation continue to emerge, including cases related to data breaches, climate change, and emerging technologies.
Impact on the Legal System:
- Mass tort litigation has had a profound impact on the legal system, prompting the development of specialized procedures and courts to handle complex and large-scale cases. It has also influenced legislation and regulation, as seen in the creation of the Asbestos Hazard Emergency Response Act (AHERA) and other laws aimed at addressing mass tort issues.
Future of Mass Torts:
- The future of mass tort litigation is likely to be shaped by ongoing developments in science and technology, changes in regulatory frameworks, and evolving societal attitudes towards corporate responsibility and consumer protection. As new products and risks emerge, the legal system will continue to adapt to address the challenges and opportunities presented by mass tort cases.