Goldberg: Mass Tort Litigation Entering Dangerous New Phase
Plaintiffs’ lawyers are generating massive numbers of highly questionable claims to force huge settlements, prompting some companies to file for bankruptcy to cap liability and manage the claims, according to a recent article written by Shook Public Policy Practice Group Co-Chair Phil Goldberg.
Goldberg authored an article in Bloomberg Law titled “How Mass Tort Litigation Is Gaming the Judicial System,” in which he discusses the rise in the use of lead generators in mass tort litigation.
He said the courts have found the overwhelming number of such claims to be meritless, but they strain court and company resources, forcing companies to settle even when claims have no factual or legal basis. He calls on judges to “look through the fog of cases and determine whether they see real claims, or … a smoke machine.”
“Early vetting of the veracity of each claim and the scientific evidence for whether the product can even cause the harms alleged are critical first steps,” he said. “When masses of claims are generated to overwhelm the courts from doing their jobs, courts must take necessary measures to counter those tactics and allow the judiciary to administer justice.”
