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- Title
The Route 91 Harvest Festival Shooting: How MGM Is Attempting to Escape Liability.
- Authors
Smart, MaryJo
- Abstract
135 If, when passing the SAFETY Act, Congress intended to allow companies like MGM to flip traditional tort litigation and become the controller of lawsuits, it would have done so clearly. 42 Again, these initial lawsuits were based on the typical structure of tort litigation where injured plaintiffs are the masters of their own cases. 132 Typically, modern "tort suits…begin with the plaintiff's allegation that the defendant wronged her by breaching a duty not to injure her." 133 However, in this case, MGM has sued the victims, who likely would have a claim against them, before they even alleged MGM's specific wrongdoing. 15 Through its use of this narrow federal statute with no prior litigation history, MGM flipped the standard litigation structure in order to control potential lawsuits against it and determine where and when victims of the Route 91 attack can seek redress. 215 Congress has implemented other potential solutions to mass tort litigation, for example, U.S. code section 1369, multidistrict litigation, and class actions.
- Subjects
DISTRICT courts; STATUTORY interpretation; HARVEST festivals
- Publication
University of the Pacific Law Review, 2020, Vol 51, Issue 1, p179
- ISSN
2379-4895
- Publication type
Article