Will today’s product liability case turn into tomorrow’s mass tort?


Will today’s product liability case turn into tomorrow’s mass tort?

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To the plaintiffs’ bar, every product liability case is an opportunity for a mass tort. Mass torts, if mismanaged can be potentially ruinous to a company of any size. The best way to manage a mass tort is to prevent it from becoming one in the first place.

It’s also essential to realize that typical litigation approaches may not work for a product liability case. Why? There are critical junctures and strategies unique to preventing, or limiting, the depth and breadth of a mass tort. These include:

  • Defeating the speculative claims at the pleading stage
  • Fighting class certification
  • Vigorously opposing consolidations
  • Creating deferred dockets or tolling agreements
  • Challenging the admissibility of expert testimony on general and specific causation
  • Complex settlement matrixes and structured settlement protocols
  • Trying “Bell-weather” cases to a jury

Not all potential mass torts can be stopped. When that happens, it is critical to carefully manage the litigation and navigate the mass tort landscape effectively. There are tremendous lessons to be learned from past mass torts, and experience is key.

If your company is faced with a product liability case, we can help. Our attorneys have managed mass tort litigation for clients for more than 30 years and have implemented national strategies, managed national settlement programs, and tried more scores of cases to verdict.