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Is mass tort a separate cause of action? |
I'm stumped on this question and I don't know why! LOL I think I'm confusing myself because a mass tort is a cause of action that involves numerous defendants. However, is mass tort considered a separate cause of action? (The word "separate" is making me go, 'huh'?) I just read in my textbook, Torts Personal Injury Litigation 4th Edition by William P. Statsky, that a mass tort is defined as ". . . tortious conduct involving the same event or product that has caused harm to many people. More precisely, it is a tort cause of action that is asserted by a large number of persons who have been harmed by the same or similar conduct or product. . . " "Mass Tort" is similar to class action, but designed to get around the new class action fairness act and keep some class actions from being removed to federal court "Mass tort" is another term for "class action suit." It is NOT a separately defined tort. There are rules concerning how a case may qualify as a class action, but it is not a cause of action. Each tort claimed must have its own separate elements, each of which must be proven by a preponderance of the evidence. |
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... Get off to yout local or uni library and find the answer yourself instead of getting us to do the work for you. You'll make a great lawyer. ...I doubt that he does know them - unless of course they are all part of the dodgy 'Masonic Lodges' brigade - which is quite common in the smaller courts. I would appeal DEFINITELY xx ...Another homework question... ...find a 'we the people store' and you'll get all the info u need ...Absolutely, insurance companies need to contest & low ball every claim so they can screw even more of their policy holders out of every penny they can. We can't hold Corporations responsi... A tort can be strawberry or chocolate, or a variety of flavors. Sometimes they have frosting on them. Yummm... I love Pop Torts! :) ...HI. I don't know yet but I'm also looking for this book (tort essay) and if I find anything I'll let you know. I by any chance you find that book can you please email me. ... |
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