Shook Partners Explain Mass Tort Litigation for Chambers

Shook Partners Alicia Donahue, Bill Geraghty, Adrienne Byard and Hassia Diolombi have authored a practice guide for Chambers and Partners on mass tort litigation. Donahue, Geraghty, Byard and Diolombi explain the importance of being prepared for multidistrict litigation and other mass tort filings around the anniversaries of "impetus" events. "Although legally misguided, the plaintiff practice of predictable mass filings on the one, two and three-year anniversaries of litigation impetus events can help companies combat uncertainty in the face of product litigation."
The authors also examine the role of publicity in a mass tort case. "Media coverage of regulations affecting products can also lead to landslides of filings," they note. "Perhaps surprisingly, though, the case studies demonstrate that although negative publicity in all its forms drives lawsuit interest and spikes in filings, the largest spikes do not correspond with publicity. The largest spikes are also the most foreseeable, as they consistently correspond with false statute of limitations anniversaries."