Innovative Mass Tort Team Resolves Hundreds of Cases and Slashes Defense Costs

Litigation and Trials   |   Mass Tort and Product Liability   |   August 15, 2018
Download Download   
Share Share Page
A Fortune 100 manufacturer faced a daunting litigation scenario: it was a named defendant in over 1,000 mass tort actions.  Those actions, previously dormant, were now being activated by the court.  Specifically, the court proposed setting them on trial dockets in groups of up to 100 cases, with only a three- to six-month discovery schedule. The manufacturer hired Carlton Fields’ mass tort team to solve the problem. 
A traditional defense strategy would have been time-consuming and costly. Our team had a better idea. We recognized that the backlog of cases was illusory—many of the plaintiffs had no disease, no evidence to pursue a claim against our client, or simply no desire to pursue their suit. Based on this reality, we developed an alternative to mass trial settings. Our team presented this alternative to the court, with a recommendation that it enter a case management order (CMO) requiring upfront disclosures from the plaintiffs (medical evidence, product identification, and a written verification of each plaintiffs’ desire to proceed) before any trials were set.
Ultimately, the court agreed. The result? Over 50 percent of the cases were dismissed, either voluntarily by plaintiffs or by the court for failure to comply with its CMO, and all before our client incurred substantial costs to defend the cases.

©2022 Carlton Fields, P.A. Carlton Fields practices law in California through Carlton Fields, LLP. Carlton Fields publications should not be construed as legal advice on any specific facts or circumstances. The contents are intended for general information and educational purposes only, and should not be relied on as if it were advice about a particular fact situation. The distribution of this publication is not intended to create, and receipt of it does not constitute, an attorney-client relationship with Carlton Fields. This publication may not be quoted or referred to in any other publication or proceeding without the prior written consent of the firm, to be given or withheld at our discretion. To request reprint permission for any of our publications, please use our Contact Us form via the link below. The views set forth herein are the personal views of the author and do not necessarily reflect those of the firm. This site may contain hypertext links to information created and maintained by other entities. Carlton Fields does not control or guarantee the accuracy or completeness of this outside information, nor is the inclusion of a link to be intended as an endorsement of those outside sites.


The information on this website is presented as a service for our clients and Internet users and is not intended to be legal advice, nor should you consider it as such. Although we welcome your inquiries, please keep in mind that merely contacting us will not establish an attorney-client relationship between us. Consequently, you should not convey any confidential information to us until a formal attorney-client relationship has been established. Please remember that electronic correspondence on the internet is not secure and that you should not include sensitive or confidential information in messages. With that in mind, we look forward to hearing from you.