Mass Tort Litigation Blog

Recent Posts from Mass Tort Litigation Blog


  • So What Should the Law Do About Jury Variability?

    In my previous post pointing readers to Tim Lytton's thought provoking post on TortsProfBlog, I neglected to mention our own Byron Stier's work on the same issue. Interested readers might look to his piece, Jackpot…

  • On the So-Called "Litigation Lottery" in Torts

    Tim Lytton has a very interesting post up on Torts Prof Blog about the tort system and the accusations of a litigation lottery. Here is the link. I am very interested in Lytton's critique. I…

  • Around the Web

    Dan Levine, Pair of Plaintiffs Lawyers May Face Different Fates in 9th Circuit Disciplinary Action, The Recorder (discussing disciplinary action in Nicaraguan pesticides case). Francis E. McGovern (Duke), The Second Generation of Dispute System Design:…

  • Embedded Aggregation in Civil Litigation

    Richard Nagareda has just posted "Embedded Aggregation in Civil Litigation" on SSRN. I saw him present this piece at NYU and it is worth reading. I always enjoy Nagareda's work and this is no exception.…

  • Choice of Law and Class Actions

    The Shady Grove case got me thinking about uniformity (or lack thereof) in class action law across the circuits and reminded me that in the MTBE Products Liability Litigation, Judge Scheindlin (SDNY) held that the…

  • Issacharoff & Klonoff on the Mass Tort Settlements

    Samuel Issacharoff (NYU) & Robert Klonoff (Lewis & Clark) have just posted "The Public Value of Settlement" on SSRN. Here is the abstract: This article, part of a symposium honoring the 25th anniversary of Owen…

  • Gilles on Consumer Class Actions

    We all know judges are hostile to mass tort class actions, but Myriam Gilles (Cardozo) argues that consumer class actions are also suffering the brunt of judicial hostility in an article with the excellent title…

  • Judge Requests Consolidation of Birth Control Suits

    From the Tort Prof blog: http://lawprofessors.typepad.com/tortsprof/2009/11/judge-requests-mass-tort-status-for-new-jersey-birth-control-suits-.html ADL

  • Recap of Shady Grove Oral Argument

    Scotusblog has a very nice recap of the Shady Grove oral argument, better than the real thing in my opinion. I was lucky to be teaching Erie last week in my civil procedure class and…

  • The Trouble with All-or-Nothing Settlements

    My new paper, The Trouble with All-or-Nothing Settlements, is now available on SSRN. I presented it at last week's symposium in Kansas on "Aggregate Justice: Perspectives Ten Years After Amchem and Ortiz." The theme of…