Legal Glossary
A comprehensive A-Z reference of mass tort and legal terms you'll encounter in litigation.
Adverse Event Report
A report submitted to the FDA (through the MedWatch system) documenting a negative health outcome associated with a drug, device, or other regulated product. These reports are a key data source in mass tort litigation.
Amicus Brief
A 'friend of the court' brief filed by a non-party with an interest in the case's outcome, providing additional information, arguments, or perspectives to assist the court in its decision.
Arbitration
A private dispute resolution process where an arbitrator (or panel) hears evidence and renders a binding or non-binding decision. Some mass tort settlements include arbitration provisions for disputed claims.
Bellwether Trial
A representative trial selected from a group of similar cases in an MDL to test the strength of claims and help guide settlement negotiations. Bellwether trial outcomes often indicate how remaining cases may be resolved.
Bifurcation
The separation of a trial into distinct phases, such as liability and damages. In mass torts, courts may bifurcate trials to address general causation separately from individual causation and damages.
Black Box Warning
The strongest warning the FDA can require on a prescription drug label, indicated by a bold black border. Black box warnings alert physicians and patients to serious or life-threatening risks.
Burden of Proof
The obligation of a party to prove their allegations in a lawsuit. In civil mass tort cases, the burden is on the plaintiff to prove their claims by a preponderance of the evidence.
Causation
The legal requirement to prove that the defendant's product or conduct actually caused the plaintiff's injury. In mass torts, causation is typically divided into general causation and specific causation.
Class Action
A type of lawsuit where one or a few representative plaintiffs sue on behalf of a larger group (class) of similarly situated individuals. Unlike mass torts, all class members are typically bound by the same outcome.
Class Certification
The court's determination that a lawsuit meets the requirements for proceeding as a class action, including numerosity, commonality, typicality, and adequacy of representation.
Common Benefit Fund
A fund established in MDL proceedings to compensate attorneys who perform work that benefits all plaintiffs in the litigation, such as conducting discovery, preparing expert reports, and trying bellwether cases.
Compensatory Damages
Money awarded to a plaintiff to compensate for actual losses, including medical expenses, lost wages, pain and suffering, and diminished quality of life.
Consolidation
The process of combining multiple related cases into a single proceeding for more efficient handling. In federal court, this typically occurs through the MDL process.
Contingency Fee
A fee arrangement where the attorney is paid a percentage of the client's recovery (settlement or verdict) rather than an hourly rate. If there is no recovery, the client typically owes no attorney fees.
Court Appointed Special Master
A person appointed by a court to assist with specific aspects of complex litigation, such as overseeing discovery, mediating disputes, or administering a settlement fund.
Daubert Hearing
A pretrial hearing in which the court evaluates whether expert testimony meets the standards for reliability and relevance established by the Supreme Court in Daubert v. Merrell Dow Pharmaceuticals (1993).
Daubert Standard
The legal standard for admitting expert testimony in federal courts, requiring that the testimony be based on sufficient facts, reliable methods, and properly applied principles. Named after the 1993 Supreme Court case Daubert v. Merrell Dow Pharmaceuticals.
Defendant
The party being sued in a lawsuit. In mass torts, defendants are typically pharmaceutical companies, device manufacturers, chemical companies, or other corporations alleged to have caused harm.
Deposition
A sworn, out-of-court oral testimony of a witness, recorded by a court reporter. Depositions are a key part of the discovery process in litigation.
Discovery
The pretrial process where parties exchange relevant information, documents, and evidence. Discovery tools include interrogatories, document requests, depositions, and requests for admission.
Docket
The official schedule or list of cases to be heard by a court, or the record of all filings and proceedings in a specific case.
Epidemiology
The study of how diseases spread and can be controlled in populations. Epidemiological studies are critical evidence in mass tort cases for establishing general causation.
ERISA Lien
A claim by an employer-sponsored health plan (governed by the Employee Retirement Income Security Act) to be reimbursed from a plaintiff's settlement or verdict for medical expenses the plan paid related to the injury.
Expert Witness
A witness with specialized knowledge, training, or experience who is qualified to provide testimony on scientific, technical, or medical issues relevant to the case.
FDA (Food and Drug Administration)
The federal agency responsible for regulating and approving drugs, medical devices, food products, and cosmetics in the United States. FDA actions (approvals, warnings, recalls) are often central to mass tort litigation.
General Causation
The scientific question of whether a substance or product is capable of causing a particular type of injury in the general population. This is typically established through epidemiological studies and scientific evidence.
Informed Consent
A patient's voluntary agreement to a medical treatment or procedure after being fully informed of the risks, benefits, and alternatives. Failure to obtain informed consent can be a basis for liability.
Injunction
A court order requiring a party to do or refrain from doing a specific act. In mass torts, injunctions may require a defendant to recall a product, issue warnings, or stop certain conduct.
Interlocutory Appeal
An appeal of a court's ruling on a specific issue before the final judgment in a case. Interlocutory appeals are sometimes permitted on important legal questions in MDL proceedings.
JPML (Judicial Panel on Multidistrict Litigation)
A special body of federal judges authorized to transfer civil actions involving common questions of fact to a single district for coordinated pretrial proceedings (MDL).
Lien
A legal claim against a settlement or verdict amount by a third party (such as a health insurer or government program) that paid medical expenses related to the plaintiff's injury.
Mass Tort
A civil action involving numerous plaintiffs with similar claims against one or a few defendants. Unlike class actions, each plaintiff's case is treated individually, allowing for personalized damages based on specific injuries and circumstances.
MDL (Multidistrict Litigation)
A procedure that consolidates federal civil cases from multiple districts involving common factual questions before a single judge for coordinated pretrial proceedings. MDL is the primary mechanism for handling mass tort cases in federal court.
Mediation
A voluntary, non-binding dispute resolution process where a neutral mediator helps parties negotiate a settlement. Mediation is commonly used in mass tort litigation to facilitate resolution.
Medicare/Medicaid Liens
Claims by the federal Medicare or state Medicaid programs to be reimbursed from a plaintiff's settlement for medical expenses paid by these programs for treatment of the injury at issue.
Multi-District Litigation (MDL)
See MDL. A federal procedural tool that centralizes pretrial proceedings for cases sharing common factual questions before one judge, improving efficiency while preserving individual claims.
NAS (National Settlement Agreement)
A comprehensive settlement agreement that resolves claims on a national basis, typically negotiated between plaintiff leadership and defendants in an MDL or coordinated litigation.
Negligence
A legal theory that holds a defendant liable for failing to exercise reasonable care, resulting in harm to the plaintiff. The plaintiff must prove duty, breach, causation, and damages.
Opt-In
A litigation structure requiring individuals to take affirmative action to join a lawsuit or settlement. In mass torts, plaintiffs typically must opt in by filing individual claims.
Opt-Out
The right of an individual to exclude themselves from a class action settlement or litigation. In mass torts, certain settlement programs may allow opt-out if a plaintiff prefers to pursue an individual claim.
Plaintiff
The party bringing a lawsuit, alleging they were injured or harmed by the defendant's product, conduct, or negligence.
Preemption
A legal doctrine where federal law supersedes state law. Defendants in mass tort cases sometimes argue that FDA approval of their product preempts state-law failure-to-warn or design defect claims.
Preponderance of the Evidence
The standard of proof in civil cases, requiring the plaintiff to show that their claims are more likely true than not (greater than 50% probability).
Products Liability
A legal theory holding manufacturers, distributors, and sellers liable for injuries caused by defective or dangerous products. Products liability claims may be based on design defects, manufacturing defects, or failure to warn.
Proximate Cause
A cause that is legally sufficient to establish liability. It is an act or omission that is closely enough related to an injury to be held the cause of that injury.
Punitive Damages
Money awarded beyond compensatory damages to punish the defendant for particularly egregious or reckless conduct and to deter similar behavior in the future. Punitive damages are not available in all jurisdictions.
Recall
An action by a manufacturer or the FDA to remove a product from the market due to safety concerns. Recalls may be voluntary (manufacturer-initiated) or mandatory (FDA-ordered).
Remand
The process of sending individual cases back from the MDL transferee court to their original district courts for trial after pretrial proceedings are complete.
Settlement
An agreement between parties to resolve a lawsuit without going to trial. In mass torts, settlements may be reached individually, through a global settlement program, or through bankruptcy proceedings.
Specific Causation
The individual question of whether the defendant's product or conduct caused a particular plaintiff's specific injury. This requires showing that the plaintiff's exposure was sufficient and that other potential causes are less likely.
Statute of Limitations
The legal deadline for filing a lawsuit. Time limits vary by state and type of claim. In mass torts, the statute typically begins to run when the plaintiff knew or should have known about the injury and its cause (the 'discovery rule').
Statute of Repose
A legal deadline that bars claims after a fixed period from a specific event (such as the date a product was sold), regardless of when the injury was discovered. Unlike statutes of limitations, statutes of repose cannot be tolled.
Strict Liability
A legal theory that holds a defendant liable for injuries caused by their product regardless of fault or negligence. Under strict liability, a plaintiff need only prove that the product was defective and caused their injury.
Subrogation
The right of an insurer or health plan that paid medical expenses to seek reimbursement from the responsible party or from the plaintiff's settlement or verdict.
Summary Judgment
A court ruling that resolves a case (or specific issues) without a full trial, granted when there are no genuine disputes of material fact and one party is entitled to judgment as a matter of law.
Survival Action
A lawsuit brought on behalf of a deceased person's estate for damages the deceased suffered between the time of injury and death, including pain and suffering, medical expenses, and lost earnings.
TDP (Trust Distribution Procedures)
The rules and criteria established by a settlement trust (often in bankruptcy) for evaluating claims, determining eligibility, and distributing settlement payments to claimants.
Tolling
The legal suspension or pausing of the statute of limitations, often due to the plaintiff's minority, mental incapacity, or the defendant's fraudulent concealment of the cause of injury.
Tort
A civil wrong that causes harm to another person, for which the injured party may seek compensation through a lawsuit. Mass torts involve the same wrongful conduct causing harm to many individuals.
Transferee Court
The federal district court to which MDL cases are transferred for coordinated pretrial proceedings. The transferee judge manages all consolidated cases during the pretrial phase.
Trial Pool
A group of cases selected for potential trial in an MDL. Trial pool cases are typically prepared for trial to test different types of claims and encourage settlement.
Voir Dire
The process of questioning and selecting jurors for a trial. In mass tort cases, voir dire often focuses on potential jurors' attitudes toward corporations, pharmaceuticals, and large damage awards.
Wrongful Death
A civil claim brought by the surviving family members or estate of a person whose death was caused by the wrongful act, negligence, or liability of another party.