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By ALM Staff | Law Journal Newsletters |
September 01, 2003

As discussed in the article 'Statewide Coordination of Mass Tort Cases Becoming Increasingly Popular,' infra, page 3, three states now provide statewide coordination of mass tort cases similar to the Multidistrict Litigation System (MDL) in the federal courts.

The federal system has been in existence for years. Some MDLs have their own sites. The Breast Implant Litigation Web site, www.fjc.gov/BREIMLIT/mdl926.htm, has not been updated since September 25, 2001 because the litigation is inactive. However, there is also a Tort Claimants' Committee Web site for the Breast Implant Litigation, http://www.tortcomm.org/. It was last updated on June 19, 2003. The Web site informs users of recent activity in the litigation, for example:

The Sixth Circuit Court of Appeals recently issued a schedule to submit briefs on the two remaining appeals in the Dow Corning bankruptcy case. The first brief is due on April 21, with a reply brief due by May 21, and final briefs are due June 18. The Court has agreed to expedite the appeals. We do not know when the Court will announce its ruling on the appeals.

Claim form packages were mailed February 19, 2003. We urge you to complete and return your Proof of Manufacturer Form to the Settlement Facility along with records showing that you were implanted with an 'eligible' implant. A complete list of eligible implants is in your claim form materials.

We have been informed that the Settlement Facility's Claims Assistance Program is experiencing an unusually large volume of phone calls and emails at this time, and that it may be difficult to get through to speak with a representative. They have informed us that the call volume is lower on Thursdays and Fridays, so you may try contacting them on one of these days for assistance.

If you want information on all pending federal Multidistrict Litigation, go to http://www.jpml.uscourts.gov/, the home page for the Judicial Panel on Multidistrict Litigation. The site provides general information such as the address, contact numbers and members of the panel.

Click on 'Hearing Information,' and, for example, you can view notice of a hearing session and a recent amendment to the hearing session order for a hearing scheduled March 24, 2003, in the litigation involving wireless 911 telephone calls. Each hearing session order and any lengthy related amendments contain bookmarks visible in Adobe Acrobat for easy navigation through the documents. There are also archives of hearing session orders.

Click on Pending MDLs and you will find an introduction to currently pending multidistrict litigation. It is grouped by MDL type, such as antitrust and product liability, and includes transferee district court Web links and master docket information where available. The categories of MDL litigation include: Air Disaster, Intellectual Property, Antitrust, Miscellaneous Contract, Product Liability, Common Disaster, Sales Practices, Employment Practices and Securities.

There is a summary of the applicable rules and judiciary, governmental and legal research links. The Judiciary Links are to the Supreme Court, U.S. Courts, Federal Judicial Center, PACER, U.S. Party Case Index and Third Branch. The Federal Government Links are FirstGov, THOMAS ' Library of Congress. The Legal Research Links are LexisNexis and Westlaw. If you select one of the Judiciary, Federal Government or Legal Research links, you will be leaving the JPML Web site. These links contain information created and maintained by other public and private organizations. The links are provided for the user's convenience. The Judicial Panel on Multidistrict Litigation does not control or guarantee the accuracy, relevance, timeliness or completeness of this outside information. The inclusion of these links by the JPML is not intended to reflect their importance, endorse any of the views expressed, or products or services offered, on these outside sites, or the organizations sponsoring the sites.

As discussed in the article 'Statewide Coordination of Mass Tort Cases Becoming Increasingly Popular,' infra, page 3, three states now provide statewide coordination of mass tort cases similar to the Multidistrict Litigation System (MDL) in the federal courts.

The federal system has been in existence for years. Some MDLs have their own sites. The Breast Implant Litigation Web site, www.fjc.gov/BREIMLIT/mdl926.htm, has not been updated since September 25, 2001 because the litigation is inactive. However, there is also a Tort Claimants' Committee Web site for the Breast Implant Litigation, http://www.tortcomm.org/. It was last updated on June 19, 2003. The Web site informs users of recent activity in the litigation, for example:

The Sixth Circuit Court of Appeals recently issued a schedule to submit briefs on the two remaining appeals in the Dow Corning bankruptcy case. The first brief is due on April 21, with a reply brief due by May 21, and final briefs are due June 18. The Court has agreed to expedite the appeals. We do not know when the Court will announce its ruling on the appeals.

Claim form packages were mailed February 19, 2003. We urge you to complete and return your Proof of Manufacturer Form to the Settlement Facility along with records showing that you were implanted with an 'eligible' implant. A complete list of eligible implants is in your claim form materials.

We have been informed that the Settlement Facility's Claims Assistance Program is experiencing an unusually large volume of phone calls and emails at this time, and that it may be difficult to get through to speak with a representative. They have informed us that the call volume is lower on Thursdays and Fridays, so you may try contacting them on one of these days for assistance.

If you want information on all pending federal Multidistrict Litigation, go to http://www.jpml.uscourts.gov/, the home page for the Judicial Panel on Multidistrict Litigation. The site provides general information such as the address, contact numbers and members of the panel.

Click on 'Hearing Information,' and, for example, you can view notice of a hearing session and a recent amendment to the hearing session order for a hearing scheduled March 24, 2003, in the litigation involving wireless 911 telephone calls. Each hearing session order and any lengthy related amendments contain bookmarks visible in Adobe Acrobat for easy navigation through the documents. There are also archives of hearing session orders.

Click on Pending MDLs and you will find an introduction to currently pending multidistrict litigation. It is grouped by MDL type, such as antitrust and product liability, and includes transferee district court Web links and master docket information where available. The categories of MDL litigation include: Air Disaster, Intellectual Property, Antitrust, Miscellaneous Contract, Product Liability, Common Disaster, Sales Practices, Employment Practices and Securities.

There is a summary of the applicable rules and judiciary, governmental and legal research links. The Judiciary Links are to the Supreme Court, U.S. Courts, Federal Judicial Center, PACER, U.S. Party Case Index and Third Branch. The Federal Government Links are FirstGov, THOMAS ' Library of Congress. The Legal Research Links are LexisNexis and Westlaw. If you select one of the Judiciary, Federal Government or Legal Research links, you will be leaving the JPML Web site. These links contain information created and maintained by other public and private organizations. The links are provided for the user's convenience. The Judicial Panel on Multidistrict Litigation does not control or guarantee the accuracy, relevance, timeliness or completeness of this outside information. The inclusion of these links by the JPML is not intended to reflect their importance, endorse any of the views expressed, or products or services offered, on these outside sites, or the organizations sponsoring the sites.

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