Programs & Materials

The documents below are written materials from programs that have been sponsored by the Mass Torts Litigation Committee. Please note: You must be a Section of Litgation member and be logged in to access the files.

Mass Torts Meeting Minutes

• May 2023 Minutes PDF
• March 2023 Minutes PDF
• February 2023 Minutes PDF
• January 2023 Minutes PDF

2022

• May 2022 Minutes PDF
• April 2022 Minutes PDF

2021

• Decemer 2021 Minutes PDF
• October 2021 Minutes PDF
• September 2021 Minutes PDF
• August 2021 Minutes PDF
• July 2021 Minutes PDF
• May 2021 Minutes PDF
• April 2021 Minutes PDF
• February 2021 Minutes PDF

2020

• December 2020 Minutes PDF
• November 2020 Minutes PDF
• September 2020 Minutes PDF
  
• July 2020 Minutes PDF
• June 2020 Minutes PDF
• May 2020 Minutes PDF and DOC
• April 2020 Minutes PDF and DOC
• March 2020 Minutes PDF and DOC
• February 2020 Minutes PDF and DOC

2019

• October 2019 Minutes PDF and DOC
• September 2019 Minutes PDF and DOC
• August 2019 Minutes PDF and DOC
• July 2019 Minutes PDF
• June 2019 Minutes PDF and DOC
• May 2019 Minutes PDF and DOC

2023 Environmental & Energy, Mass Torts, and Products Liability Litigation Committees’ Joint Regional CLE Program

• Written Materials

2019 Joint CLE (January 26–27, 2019, Laguna Beach, CA)

• Related Paper

2018 Joint Environmental, Mass Torts & Products Liability Litigation Written Materials

Ethics Plenary: Ethical and Strategic Implications in Cases Involving Third Party Litigation Financing

• Litigation Finance – A Primer
• Ethics Plenary: Ethical and Strategic Implications in Cases Involving Third Party Litigation Financing
• Advisory Committee on Civil Rules Excerpt from the Agenda Book

In-House Counsel Plenary: Reality Check: Goals for Regulatory Streamlining During the Current Administration

• Reality Check: Goals for Regulatory Streamlining During the Current Administration

Plenary: Use of Court Appointed Experts and Technical Advisors in Complex Litigation

• Rule 706. Court-Appointed Expert Witnesses
• Can Adversarial Legal Culture Accept Neutral Experts?
• Do ‘Neutral' Expert Witnesses Exist?
• Be Gentle When Challenging the Judge's Handpicked Expert
• Executive Summary—Treatment of Court-Appointed Experts Under Federal Rule of Evidence 706
• Treatment of Rule 706 Experts by Federal Courts
• Court-Appointed Scientific Experts: Providing Objective Scientific Advice to the Judiciary
• Hindsight Bias, Daubert, and the Silicone Breast Implant Litigation: Making the Case for Court-Appointed Experts in Complex Medical and Scientific Litigation

Environmental and Energy Breakout: Will Chevron Deference Survive? An Examination of the Viability of Chevron Deference

• Proposals to Rollback Chevron Deference: Implications for Environmental Law Practitioners
• Why Reject Chevron?
• The Origins of Judicial Deference to Executive Interpretation
• Marbury v. Madison and the Concept of Judicial Deference
• Judicial Deference to Administrative Interpretations of Law – Will Chevron Survive?

Products Liability Breakout: A Tangled Web: The Internet of Things and Cybersecurity Issues for Products Liability Lawyers

• A Tangled Web: The Vulnerabilities of Medical Devices
• Cyber Risks in the Digital Delivery of Healthcare
• Developments in Automated Commercial Motor Vehicles and Potential Security Concerns
• Cybersecurity Best Practices for Modern Vehicles
• Waymo Safety Report

Plenary: Milk Run: Shredding the First Day of Trial (Hosted by the Young Lawyers Committee)

• Shedding the First Day of Trial – Motions in Limine
• Persuasive Demonstratives
• Shedding the First Day of Trial – Opening Statement
• Shedding the First Day of Trial – Voir Dire
• Shredding the First Day of Trial: Demonstratives in Opening Statements

Plenary: Brave New World: Perspectives on the Regulatory and Legal Landscape One Year into Trump’s Administration

• Brave New World: FDA
• Bundle Up, Defense Counsel: Winter’s Coming
• The “Fairness” in Class Action Litigation Act
• Why Contempt For The CFPB Is A Big Business Mistake
• Why 'Class Action Attorney Fees' Are Such Dirty Words
• Killing Class Actions Means Everybody Loses

Plenary: Minimizing the Impact of “Bad” Company Documents

• Dealing with “Bad” Company Documents

Environmental and Energy Breakout: Nailing Jell-O to a Tree: Challenges Associated with Evolving Science and Regulatory Requirements

• Something Old, Something New: Insurance Solutions for Latent Environmental, Toxic Tort, and Other Liabilities
• A Tale of [Three] Schools: Lessons Learned When Assessing & Managing the VI Pathway
• Controversy Built on Uncertainty: Short-Term Action Levels for TCE
• The Williams Defendants’ Motion for Summary Judgment on the State’s Claims
• State of Alaska’s Opposition to the Williams’s Motion for Summary Judgment and State and City of North Pole Cross-Motion for Partial Summary Judgment
• Williams’ Reply in Support of Motion for Summary Judgment on the State’s Claims
• “Nailing Jello to a Tree: Challenges Associated with Evolving Science and Regulatory Requirements”

Mass Torts Breakout: The End of Mass Torts as We Know Them—or Not—How Recent Developments Have Impacted Current Mass Tort Practice

• BMS and Nationwide Class Actions
• Considerations In Deciding To Seek, Or Not To Seek, Lone-Pine Orders In Mass Tort Litigation
• Post-BMS Personal Jurisdiction Cheat Sheet
• Latest on Personal Jurisdiction – Using Bauman To Quash Third-Party Subpoenas
• Breaking News − Bristol-Myers Squibb Slams The Door On Litigation Tourism
• More on Missouri – What To Expect and Not To Expect After Norfolk Southern v. Dolan
• Breaking News − Personal Jurisdiction – The Sound of One Shoe Dropping
• Supreme Court Expands Forum-Shopping Crackdown
• Mass Tort Class Actions – Past, Present, and Future
• Lucky Seven – Multi-Plaintiff Misjoinder Fails in Illinois Post-BMS
• MDL Direct Filing & Personal Jurisdiction
• Reaping the Jurisdictional Whirlwind
• Mass Torts – Maturation of Law and Practice

2017 Joint CLE (January 26–27, 2017, Squaw Valley, CA)

• » Ethics Session: Sanctions v. Inside & Outside Counsel
• » Managing Insurance Coverage Issues in the Defense and Resolution of New and Emerging Large-Scale Environmental, Mass Torts and Products Liability Cases
• » Mass Torts Breakout Session I: Emerging Trends in Mass Torts: What’s Next?!?
• » Mass Torts Breakout Session II -- Our Food at Risk: Using the Food Safety & Modernization Act to Detect Economic Adulteration