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Mass Tort
A mass tort is a civil action involving numerous plaintiffs against one or a few defendants in state or federal court. The lawsuits arise out of the defendants causing numerous injuries through the same or similar act of harm (e.g. a prescription drug, a medical device, a defective product, a train accident, a plane crash, pollution, or a construction disaster). Law firms sometimes use mass media to reach potential plaintiffs. The main categories of mass torts include: * Medical device injuries * Motor vehicle defects * Prescription drug injuries * Product liability injuries * Toxic contamination In U.S. federal courts, mass tort claims are often consolidated as multidistrict litigation. In some cases, mass torts are addressed through a class action A class action is a form of lawsuit. Class Action may also refer to: * ''Class Action'' (film), 1991, starring Gene Hackman and Mary Elizabeth Mastrantonio * Class Action (band), a garage house band * "Class Action" (''Tee ...
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Lawsuit
A lawsuit is a proceeding by one or more parties (the plaintiff or claimant) against one or more parties (the defendant) in a civil court of law. The archaic term "suit in law" is found in only a small number of laws still in effect today. The term "lawsuit" is used with respect to a civil action brought by a plaintiff (a party who claims to have incurred loss as a result of a defendant's actions) who requests a legal remedy or equitable remedy from a court. The defendant is required to respond to the plaintiff's complaint or else risk default judgment. If the plaintiff is successful, judgment is entered in favor of the plaintiff, and the court may impose the legal or equitable remedies available against the defendant (respondent). A variety of court orders may be issued in connection with or as part of the judgment to enforce a right, award damages or restitution, or impose a temporary or permanent injunction to prevent an act or compel an act. A declaratory judgmen ...
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Plaintiff
A plaintiff ( Π in legal shorthand) is the party who initiates a lawsuit (also known as an ''action'') before a court. By doing so, the plaintiff seeks a legal remedy. If this search is successful, the court will issue judgment in favor of the plaintiff and make the appropriate court order (e.g., an order for damages). Plaintiff is the term used in civil cases in most English-speaking jurisdictions, the notable exceptions being England and Wales, where a plaintiff has, since the introduction of the Civil Procedure Rules in 1999, been known as a "claimant" and Scotland, where the party has always been known as the "pursuer". In criminal cases, the prosecutor brings the case against the defendant, but the key complaining party is often called the "complainant". In some jurisdictions, a lawsuit is commenced by filing a summons, claim form or a complaint. These documents are known as pleadings, that set forth the alleged wrongs committed by the defendant or defendants with a d ...
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Defendant
In court proceedings, a defendant is a person or object who is the party either accused of committing a crime in criminal prosecution or against whom some type of civil relief is being sought in a civil case. Terminology varies from one jurisdiction to another. In Scots law, the terms "accused" or "panel" are used instead in criminal proceedings and "defender" in civil proceedings. Another term in use is "respondent". Criminal defendants In a criminal trial, a defendant is a person accused ( charged) of committing an offense (a crime; an act defined as punishable under criminal law). The other party to a criminal trial is usually a public prosecutor, but in some jurisdictions, private prosecutions are allowed. Criminal defendants are often taken into custody by police and brought before a court under an arrest warrant. Criminal defendants are usually obliged to post bail before being released from custody. For serious cases, such as murder, bail may be refused. Defendants ...
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Prescription Drug
A prescription drug (also prescription medication, prescription medicine or prescription-only medication) is a pharmaceutical drug that is permitted to be dispensed only to those with a medical prescription. In contrast, over-the-counter drugs can be obtained without a prescription. The reason for this difference in substance control is the potential scope of misuse, from drug abuse to practising medicine without a license and without sufficient education. Different jurisdictions have different definitions of what constitutes a prescription drug. In North America, , usually printed as "Rx", is used as an abbreviation of the word "prescription". It is a contraction of the Latin word "''recipe''" (an imperative form of "recipere") meaning "take". Prescription drugs are often dispensed together with a monograph (in Europe, a Patient Information Leaflet or PIL) that gives detailed information about the drug. The use of prescription drugs has been increasing since the 1960s. Regul ...
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Medical Device
A medical device is any device intended to be used for medical purposes. Significant potential for hazards are inherent when using a device for medical purposes and thus medical devices must be proved safe and effective with reasonable assurance before regulating governments allow marketing of the device in their country. As a general rule, as the associated risk of the device increases the amount of testing required to establish safety and efficacy also increases. Further, as associated risk increases the potential benefit to the patient must also increase. Discovery of what would be considered a medical device by modern standards dates as far back as in Baluchistan where Neolithic dentists used flint-tipped drills and bowstrings. Study of Archaeology, archeology and Roman medical literature also indicate that many types of medical devices were in widespread use during the time of ancient Rome. In the United States it was not until the Federal Food, Drug, and Cosmetic Act ( ...
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Product Defect
A product defect is any characteristic of a product which hinders its usability for the purpose for which it was designed and manufactured. Product defects arise most prominently in legal contexts regarding product safety, where the term is applied to "anything that renders the product not reasonably safe". The field of law that addresses injuries caused by defective products is called '' product liability''. A wide range of circumstances can render a product defective. The product may have a design defect or design flaw, resulting from the product having been poorly designed or tested, so that the design itself yields a product that can not perform its desired function. Even if the design is correct, the product may have a manufacturing defect if it was incorrectly manufactured, for example if the wrong materials are used. A product may also be considered legally defective if it lacks appropriate instructions for its use, or appropriate warnings of dangers accompanying norm ...
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Train Wreck
A train accident or train wreck is a type of disaster involving one or more trains. Train wrecks often occur as a result of miscommunication, as when a moving train meets another train on the same track, when the wheels of train come off the track or when a boiler explosion occurs. Train accidents have often been widely covered in popular media and in folklore. A head-on collision between two trains is colloquially called a " cornfield meet" in the United States. Classification of railway accidents, both in terms of cause and effect, is a valuable aid in studying rail (and other) accidents to help to prevent similar ones occurring in the future. Systematic investigation for over 150 years has led to the railways' excellent safety record (compared, for example, with road transport). Ludwig von Stockert (1913) proposed a classification of accidents by their effects (consequences); e.g. head-on-collisions, rear-end collisions, derailments. Schneider and Mase (1968) propose ...
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Aviation Accidents And Incidents
An aviation accident is an event during aircraft operation that results serious injury, death, or significant destruction. An aviation incident is any operating event that compromises safety but does not escalate into an aviation accident. Preventing both accidents and incidents is the primary goal of aviation safety. One of the earliest recorded aviation accidents occurred on May 10, 1785, when a hot air balloon crashed in Tullamore, County Offaly, Ireland. The resulting fire seriously damaged the town, destroying over 130 homes. The first accident involving a powered aircraft occurred on September 17, 1908, when a Wright Model A crashed at Fort Myer, Virginia, USA. The pilot and co-inventor, Orville Wright, was injured, and the passenger, Signal Corps Lieutenant Thomas Selfridge, was killed. Definitions According to Annex 13 of the Convention on International Civil Aviation, an aviation accident is an occurrence associated with the operation of an aircraft, which ...
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Pollution
Pollution is the introduction of contaminants into the natural environment that cause harm. Pollution can take the form of any substance (solid, liquid, or gas) or energy (such as radioactivity, heat, sound, or light). Pollutants, the components of pollution, can be either foreign substances/energies or naturally occurring contaminants. Although environmental pollution can be caused by natural events, the word pollution generally implies that the contaminants Human impact on the environment, have a human source, such as manufacturing, Extractivism, extractive industries, poor waste management, transportation or Agricultural pollution, agriculture. Pollution is often classed as point source pollution, point source (coming from a highly concentrated specific site, such as a factory, Environmental effects of mining, mine, construction site), or nonpoint source pollution (coming from a widespread distributed sources, such as microplastics or agricultural runoff). Many sources of po ...
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Mass Media
Mass media include the diverse arrays of media that reach a large audience via mass communication. Broadcast media transmit information electronically via media such as films, radio, recorded music, or television. Digital media comprises both Internet and mobile mass communication. Internet media comprise such services as email, social media sites, websites, and Internet-based radio and television. Many other mass media outlets have an additional presence on the web, by such means as linking to or running TV ads online, or distributing QR codes in outdoor or print media to direct mobile users to a website. In this way, they can use the easy accessibility and outreach capabilities the Internet affords, as thereby easily broadcast information throughout many different regions of the world simultaneously and cost-efficiently. Outdoor media transmits information via such media as augmented reality (AR) advertising; billboards; blimps; flying billboards (signs in tow of airpl ...
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Product Liability
Product liability is the area of law in which manufacturers, distributors, suppliers, retailers, and others who make products available to the public are held responsible for the injuries those products cause. Although the word "product" has broad connotations, product liability as an area of law is traditionally limited to products in the form of tangible personal property. Product liability by country The overwhelming majority of countries have strongly preferred to address product liability through legislative means. Online access to this source requires a subscription to JSTOR or the Oxford Academic database operated by Oxford University Press. In most countries, this occurred either by enacting a separate product liability act, adding product liability rules to an existing civil code, or including strict liability within a comprehensive Consumer Protection Act. In the United States, product liability law was developed primarily through case law from state courts as w ...
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Contamination
Contamination is the presence of a constituent, impurity, or some other undesirable element that renders something unsuitable, unfit or harmful for the physical body, natural environment, workplace, etc. Types of contamination Within the sciences, the word "contamination" can take on a variety of subtle differences in meaning, whether the contaminant is a solid or a liquid, as well as the variance of environment the contaminant is found to be in. A contaminant may even be more abstract, as in the case of an unwanted energy source that may interfere with a process. The following represent examples of different types of contamination based on these and other variances. Chemical contamination In chemistry, the term "contamination" usually describes a single constituent, but in specialized fields the term can also mean chemical mixtures, even up to the level of cellular materials. All chemicals contain some level of impurity. Contamination may be recognized or not and may become a ...
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