The authors of Mass Torts use broad brushstrokes to provide an overview of the specific legal theories involved in litigating a mass tort case, regardless of the specific product or event at issue. This approach delivers content that is useful for all practitioners. The book, for example, outlines the basic contours of the applicable theories of liability but, more importantly, delineates exceptions to those theories. By taking this approach, the authors deliver content that is not just interesting from a theoretical perspective but also useful for practitioners of any level.
Moving beyond the theories of liability, the authors next deliver valuable material relating to defenses in mass torts cases. Whether you are a plaintiff’s attorney trying to anticipate your opponent’s strategy or a defense attorney aiming to minimize or even avoid liability and damages, the book provides insight into, and examples of, defenses raised in various jurisdictions and types of cases.
After laying out the background of mass torts litigation, the book deftly moves through the remaining topics. The authors dive into important issues such as the judiciary’s role in managing mass torts litigation. In so doing, the book touches on matters of critical importance to practitioners: multidistrict litigation, class actions, and other jurisdictional statutes, among others.
Beyond giving readers a deep understanding of the nuts and bolts of practicing in mass torts litigation, the book shines a light on critical practice strategies for maneuvering through the litigation. With entire chapters devoted to expert evidence, discovery strategy, and litigation communications, the book provides advice about how to handle and navigate the meat of a mass torts litigation case. For practitioners without first-chair trial experience, this information is both insightful and useful for when that first-chair opportunity arises.
Finally, as many mass torts practitioners are acutely aware, settling a mass torts case often involves insurance companies and their policies. Mass Torts provides an in-depth look at how to reach settlement in mass torts cases and the differences involved in settlements of class actions, bankruptcy settlements, or individual case-by-case settlements. Understanding how these settlements evolve and the role that insurance companies and their policies play in the settlement process is an essential part of the litigation process. The authors’ experience and advice regarding insurance policies and their role in mass torts litigation help practitioners understand an issue of critical concern when settling cases for their clients.
Mass Torts is a necessary read for mass torts practitioners and highly recommended for those outside of the mass torts field but with an interest in a booming area of litigation in the United States. The book skillfully provides a vast amount of information, and it does so in a way that makes the content easy to read and absorb.