Mass Tort Litigation

A mass injury claim is a type of civil litigation known as mass tort litigation. Defined as a class of civil actions in which multiple plaintiffs are injured in a similar fashion by a defective product, hazardous substance or disaster, mass tort litigation is a specialty at Shook, Hardy & Bacon L.L.P. (SHB). Our SHB Tort Practice has successfully managed, directed and tried high-stakes litigation cases for more than 50 years. During that time, the firm has played a lead defense and trial counsel role in some of the largest and most substantial national and international mass tort litigations.

We have been involved in mass tort litigation issues that have included, among others, federal preemption of state common law claims; removal of state court suits to federal court; class action standing and related issues; forum non conveniens issues; Daubert and Frye motions to exclude expert testimony; comment protections in strict liability actions; interpretation of the “consumer expectation” doctrine; FIFRA preemption; application of foreign law; conflict of law issues; state-of-the-art defenses; “duty to test” claims; and mental anguish claims for damages in the absence of physical injury. In addition, SHB tort lawyers frequently advise companies on liability issues before suit is filed to limit the risk of future exposure. These attorneys work closely with in-house counsel to anticipate legal sea-changes and ensure compliance with evolving state, national and international regulations.

Industry buzz recently claimed the demise of mass tort litigation. Two of SHB’s leading attorneys disagree. Together with a prominent attorney from another firm, these gentlemen authored “A Framework for Managing Mass Tort Litigation,” for In-House Defense Quarterly. In the article, they stated that major corporate law departments across America continually manage the defense of hundreds, or even thousands, of mass tort litigation cases annually. Recent surveys indicated that litigation could actually be on the rise, making them believe that mass tort litigation would figure prominently in the minds and budgets of corporate in-house counsel. The article goes on to outline a proven framework that can be used to manage mass tort litigation.

For a copy of this article or to learn more about our mass tort litigation experience, contact us today.