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Mass Tort Litigation : Asbestos

6 Mass Tort: A mass tort involves numerous plaintiffs filing civil lawsuits against one or a few 7 corporate defendants in state or federal court. The plaintiffs allege that they were harmed by 8 exposure to products produced by the defendants. Lawsuits may or may not be grouped in a class 9 action. Law firms representing plaintiffs in mass torts often use advertising to locate and recruit 10 p...

Mass tort litigation and inquisitorial justice.

Jackpot Justice: Verdict Variability and the Mass Tort Class Action

Mass tort scholars, practitioners, and judges struggle with determining the most efficient approach to adjudicate sometimes tens of thousands of cases. Favoring class actions, mass tort scholars and judges have assumed that litigating any issue once is best. But while litigating any one issue could conceivably save attorneys’ fees and court resources, a single adjudication of thousands of mass ...

Allocation Rules and the Stability of Mass Tort Class Actions

This paper studies the effects of allocation rules on the stability of mass tort class actions. I analyze a two-stage model in which a defendant faces multiple plaintiffs with heterogeneous damage claims. In stage 1, the plaintiffs play a noncooperative coalition formation game. In stage 2, the class action and any individual actions by opt-out plaintiffs are litigated or settled. I examine how...

Reflections on Judge Weinstein's Ethical Dilemmas in Mass Tort Litigation