![]() ![]() ![]() This case challenges a new policy of the DOC that requires that all incoming non-legal correspondence be in plain white envelopes and requires that the correspondence “be on originally purchased, plain white, lined paper (no photocopies).” The case alleges that this violates the First Amendment. Court of Appeals for the Seventh Circuit Commissioner, Indiana Department of Correction (U.S. The case was just filed.ĪTTORNEYS: Kenneth J. This is a challenged to the Facebook practices of a public official that we allege violate the First Amendment. The matter has been settled and will be closed.ĪTTORNEY(S): Kenneth J. This action is brought by the publisher of Prison Legal News and other publications for prisoners and challenges the policies as violating the First Amendment. Joseph County Sheriff has a policy that prevents prisoners from receiving unsolicited written material and also has indicated that the Jail will not accept material with staples. The Court recently entered a decision in our favor and we are awaiting a final judgment and then will seek attorneys’ fees.ĪTTORNEY(S): Kenneth J. The case argues that this violates the First Amendment. of Ind.) ĭOC policy prohibits prisoners from receiving photobooks directly from publishers-bound books of colored photographs. By aggregating a large number of plaintiffs with small harms, attorneys can justify the costs of litigation and defendants are not able to avoid or ignore the harmful consequences of their actions.Evans v. In situations where the damages likely for a single plaintiff are so small that they would not warrant an attorney taking on the case against a team of dozens or even hundreds of lawyers, a defendant would be able to get away with hurting a large number of people in a relatively small way. By combining a large number of plaintiffs, mass torts and class actions allow not only for the pooling of plaintiff resources and the cooperation of their respective attorneys, but also increase the likelihood that a defendant will take notice of and atone for their harmful activities. Commonly, an individual who is harmed by a corporation lacks the resources to pursue a suit on their own. In general, both mass torts and class actions aggregate the abilities and resources of various harmed plaintiffs in an attempt to counter the often vast legal departments and resources of the company that committed the tort. Mass Torts and Class Actions are very similar yet distinct avenues of legal action which seek to protect large groups of people who have been harmed by the wrongful acts of powerful individuals or entities. The most important of which is that the class must be “certified” by the court, which determines primarily if all of the plaintiffs have been harmed in a similar manner and that the suit adequately represents the interests of all potential plaintiffs. There are very specific criteria for filing a class action. A select few “representative” cases are tried before a single court and a judgment is entered for/against and is binding on all of the potential plaintiffs. A class action is filled on behalf of all potential plaintiffs in a single court. Class Action LawsuitsĬlass actions on the other hand are a specific type of case in which the many plaintiffs’ claims are aggregated into a single suit from beginning to end. A classic example of a mass tort was the aggregation of the cases resulting from the crash of the Exxon Valdez. This is because a single event can cause a multitude of different harms, and individual plaintiffs may deserve more damages or have suffered in a different manner than others. Unlike a class action however, each plaintiff maintains his own case against the defendant. A mass tort allows many plaintiffs to get more information, and build a stronger case, without incurring the largest expenses alone. In mass torts the individual plaintiffs maintain their own suits, but pool their resources in the expensive initial fact finding stages (and sometimes even through trial) of the lawsuit. ![]() ![]() Mass torts often evolve from a single wrongful act of the defendant or corporation which in turn caused harm to a large number of plaintiff’s or consumers. MA Drug Injury / Mass Tort Class Action LawsuitsĪ Mass Tort is a civil action involving numerous plaintiffs against one or a few corporate defendants in state or federal court. ![]()
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