Mass Torts

A mass tort is a type of litigation that consists of a large number of individual plaintiffs that allege injuries related to a single incident (for example, a plane crash) or a specific type of allegedly defective or dangerous product (for example, alleged harms caused by a pharmaceutical product). Mass torts are similar to class actions in that these types of cases encompass large numbers of potential plaintiffs. However, due to critical differences between the individual plaintiffs and the types of damages that they allegedly received, these types of cases cannot be handled as a class action; they must be resolved individually. The plaintiffs' trial bar tries to generate as many claims as possible in a mass tort to pressure defendant companies to try to settle, whether or not the defendant is actually responsible.

08/18/2019

Suggested Resources

Research
  • Gaming the System: How Lawsuit Advertising Drives the Litigation Lifecycle

    Gaming the System: How Lawsuit Advertising Drives the Litigation Lifecycle

    April 13, 2020

    Gaming the System: How Lawsuit Advertising Drives the Litigation Lifecycle examines the billion-dollar TV lawsuit advertising industry through five of the biggest mass tort litigations in recent history. The report shows how plaintiffs' lawyers and lawsuit aggregators spent $400 million to target ads at critical turning points across those five mass torts. But this isn't just a marketing campaign-it's an example of a highly problematic, frequently deceptive industry that can pose a risk for public health and mislead consumers and jurors. Read More

  • MDL Imbalance: Why Defendants Need Timely Access To Interlocutory Review

    MDL Imbalance: Why Defendants Need Timely Access To Interlocutory Review

    April 24, 2019

    Multidistrict litigation proceedings (MDLs) were created as an efficient way to handle pretrial proceedings in hundreds or thousands of similar cases against the same defendant. Unfortunately, MDLs also give plaintiffs an unfair advantage when it comes to appeals. If a defendant makes a dispositive motion-on preemption or expert evidence, for example-and is denied, it won't normally have access to immediate appeal. But if the defendant wins the motion, plaintiffs can appeal right away. This paper argues for courts to give MDL plaintiffs and defendants equal access to appellate review. Read More

All Results for Mass Torts

  1. ILR Briefly COVID-19 Series: State Liability Problems and Solutions

    May 21, 2020 | Research

    As states reopen and continue to respond to the needs of their citizens and economies, it is important that they consider offering liability protections to prevent a wave of COVID-19 lawsuits at the state level. This edition of ILR Briefly documents major hot spots for COVID-19 litigation under state law and provides an array of policy solutions to prevent lawsuits from disrupting states' economic recoveries.... Read More

  2. New Report Shows Trial Lawyers Bought $400 Million in Ads for Five Mass Torts

    April 15, 2020 | Blogs

    New Report Shows Trial Lawyers Bought $400 Million in Ads for Five Mass Torts... Read More

  3. Gaming the System: How Lawsuit Advertising Drives the Litigation Lifecycle

    April 13, 2020 | Research

    Gaming the System: How Lawsuit Advertising Drives the Litigation Lifecycle examines the billion-dollar TV lawsuit advertising industry through five of the biggest mass tort litigations in recent history. The report shows how plaintiffs' lawyers and lawsuit aggregators spent $400 million to target ads at critical turning points across those five mass torts. But this isn't just a marketing campaign-it's an example of a highly problematic, frequently deceptive industry that can pose a risk for public health and mislead consumers and jurors.... Read More

  4. The Mass Tort Advertising Machine

    November 26, 2019 | News

    Plaintiffs' lawyers have spent tens of millions of dollars on ads recruiting plaintiffs against Roundup, Bayer-Monsanto's glyphosate-based weed-killer, and that spending is paying off.... Read More

  5. The Mass Tort Advertising Machine

    November 26, 2019 | Blogs

    Plaintiffs' lawyers have spent tens of millions of dollars on ads recruiting plaintiffs against Roundup, Bayer-Monsanto's glyphosate-based weed-killer, and that spending is paying off.... Read More

  6. In the News Today - November 18, 2019

    November 18, 2019 | News

    "The Coming Storm Of Biometric Privacy Laws: How To Comply;" Oklahoma Judge Says Opioid Verdict Must Only Cover One Year, Not 30... Read More

  7. In the News Today - October 31, 2019

    October 31, 2019 | News

    Bayer Says Roundup Plaintiffs Have Doubled... Read More

  8. Lead Generators Accused of Fraud

    October 31, 2019 | News

    A mass tort lead generator firm was accused by its investors of fraud, who alleged they were misled about the potential returns on their investments, Reuters reports.... Read More

  9. Dubious Distribution: Asbestos Bankruptcy Trust Assets and Compensation

    March 08, 2018 | Research

    The asbestos bankruptcy trusts, created with the goal of sustainably processing and paying valid asbestos personal injury claims, are quickly being depleted. ILR's research finds that of the 35 asbestos trusts operating as of early 2008, 21 are paying an average of 40 percent less today than in 2008, putting future compensation for asbestos victims in doubt. The paper documents the causes of this rapid depletion, including the highly significant impact of attorney contingency fees.... Read More