Tolling Agreement (Mass Tort)

Tolling Agreement (Mass Tort)

Tolling Agreement (Mass Tort)

Tolling agreements in mass torts operate at the inventory level, covering all claims a firm holds against a defendant. They specify the claims covered, the tolled period, information the firm must provide, and termination procedures.

Defendants use them to control filing volume.

Alternative Names:

Mass Tort Tolling, Inventory Tolling Agreement

Why it Matters?

These agreements benefit defendants by preventing a filing surge that would generate publicity and pressure, and benefit plaintiff firms by preserving claims without incurring filing costs. The information exchange provisions are where defendants gain value, since agreements can condition tolling on providing claimant data that supports exposure assessment. Termination mechanics matter, because a defendant ending tolling triggers the filing wave it was avoiding.

Frequently Confused with

Related terms

Frequently asked questions

Why do defendants agree to toll?

Why do defendants agree to toll?

To prevent a filing surge that generates publicity and pressure, and to obtain claimant information supporting exposure assessment.

What happens on termination?

What happens on termination?

The tolled claims must be filed within the agreed window, which produces the filing wave the agreement was deferring.