Mass Torts

This course reviews the legal and practical problems associated with the growing phenomenon of "mass torts"--high volumes of geographically dispersed litigation that requires special management techniques. Rather than merely addressing advanced civl procedure, the course will emphasize such issues as determining medical and scientific causation (including the use of expert testimony) consolidation of state and federal litigation in one forum, judicial determination of who should appropriately manage the litigation for both plaintiffs and defendants, and parallel state and federal proceedings. Issues involving future claims, the development of procedures for managing and litigating mass tort claims, settlement of such claims, associated ethical issues, and legislative or administrative alternatives to litigation. The overriding question of whether the courts can dispense individual justice in cases involving thousands of litigants will be a recurring theme. The goal this semester is to examine and discuss current cases and issues around which to build an understanding of how to solve these problems in order to more effectively deliver justice to all involved. The final examination will be an open book examination that explores procedural ideas and alternatives as opposed to substantive law. Required reading will be limited and focus on applicable rules, core concepts, and recently filed or decided cases in order to promote a more interactive and in-depth discussion of the issues.

FINAL EXAM: 8-HOUR TAKE-HOME DURING EXAM PERIOD