Best Lawyers works with leaders in the legal marketplace to keep our practice area lists current, allowing clients and referring lawyers to more easily locate the precise expertise they are seeking.
View region-specific practice areas by first selecting a country from the drop-down below.
* These practice areas are open for nominations but are not yet included in our publications.
** This practice area is not open to public nominations. A lawyer must first be recognized in related fields before they qualify for "Bet the Company" consideration.
Become a Contributor
Are you recognized by your peers in Best Lawyers?
Contact us to find out how to contribute a practice area definition for your country and area of expertise.
Mass Tort Litigation / Class Actions - Defendants Definition
Class actions and mass tort litigation typically arise from a single episode or related events that allegedly injure a “mass” of individuals and/or their property. The number of claimants may range from a few dozen to many thousands. The volume of plaintiffs and complexity of claims and issues dictate special judicial management and require experienced defense counsel. In mass tort litigation, global issues that affect all claimants may be consolidated, especially in federal courts. Cases may be aggregated in federal multi-district litigation (“MDLs”) for coordination of pretrial proceedings, in which questions of fact common to all plaintiffs, key legal issues, and discovery may be handled on a global basis. Following the determination of fact issues, plaintiffs’ unique claims often are tried independently. The Court may order trials of the claims of certain plaintiffs in mass tort litigation as test, or “bellwether,” cases. Bellwether cases may provide the courts with guidance on the related claims’ suitability for group development and litigation. State court consolidation and management vary widely. With class actions, the class of plaintiffs may be voluminous, with all asserting damages arising from a common occurrence or related events; however, in contrast to mass tort litigation, the “class” often is represented by a single individual or a small group of individuals who embody the claims and damages of the larger group. Class actions in federal courts are governed by Federal Rule of Civil Procedure 23. Members of the “class” may be bound by findings related to that class. Class certification often is denied due to state law restrictions (or prohibitions) on class actions or the predomination of plaintiffs’ individualized circumstances over any common issues.
Defense counsel's role in consolidated litigation includes all tasks inherent in the traditional litigation setting, with an added managerial component of litigation coordination and organization of global discovery, including:
Identification and differentiation of the nature of individualized and global claims
Document management and review, including electronic data and e-mails
Expert witness development and preparation
MDL and bellwether trials
Defeating class certification
Improper joinder
Development of comprehensive trial strategies
Development of consistent factual and legal positions in coordination with counsel representing named defendants on local and national levels
Working with lawyers from different firms as a “virtual” law firm
Trials of claims of certified classes or individual mass tort plaintiffs
* These practice areas are open for nominations but are not yet included in our publications.
** This practice area is not open to public nominations. A lawyer must first be recognized in related fields before they qualify for "Bet the Company" consideration.
We use cookies to enhance your experience. By visiting our website or transacting with us, you agree to this.