Host Sean Harris talks with OAJ member Steve Babin about Mass Torts and multidistrict litigation.
Sean: Hello, I’m your host Sean Harris and this is episode 41 of Civilly Speaking brought to you by the Ohio Association for Justice. Today is August 23, 2018. I’m here with our guest Steve Babin from Columbus, Ohio. Steve, thanks very much for joining us here on Civilly Speaking.
Steve: Thanks for having me Sean.
Sean: So our topic today is this concept that we hear lots about and maybe have people think they have some idea, but when we say mass torts, what are we talking about?
Steve: So mass torts is exactly what it sounds like Sean. It’s a mass personal injury claim for a number of individuals that have suffered similar personal injuries and today when we look at mass torts we look at a few different areas. Your mass torts are going to be either claims against medical device manufacturers, pharmaceutical drug companies or chemical polluters in the toxic tort area. That’s your general mass tort universe today.
Sean: I’ve heard about MDL’s, multidistrict litigation, what’s the difference between and an MDL and an MCL?
Steve: Okay so an MDL is a multi-district litigation in federal court and MCL is usually multi, I think it stands for county litigation and a state court. Essentially the same concept. You want to consolidate a number of personal injury claims that are similar, either in state court or in federal court. Now the MCL is usually going to be limited to the jurisdiction in which the defendant resides. The MDL doesn’t have the same limitations and then you know there will be different applications of the law with respect to where you end up.