A Must-Have Book for Mass Torts Practitioners

• Pages: 31-31
• Date: 01 October 2022
• Author: Elizabeth A. Kane
• Subject Matter: Civil Law

BOOK REVIEW

ass Torts in the United States provides a

unique and detailed walk through all aspects

of mass torts litigation. Rather than simply

providing an overview of the current state of

mass torts litigation and the concerns par-

ticular to it, Mass Torts offers insight into the background

and development of mass torts litigation so that practitioners

can understand how and why the litigation exists as it does

today. The approach taken by the Mass Torts authors delivers

interesting content in two main ways—rst, as a primer for

practitioners outside of the mass torts litigation practice and,

second, as a source of tips and tricks for attorneys whose

bread and butter is mass torts litigation.

For practitioners unfamiliar with the intricacies of mass

torts litigation, the material provides insight into the develop-

ment of the current litigation, written in a way that is both

fascinating and informative to attorneys and readers of other

backgrounds. Whether you are a law student, a retired attor-

ney, an attorney who practices in another discipline, or just

an interested reader, the book is an informative and practical

resource for a soup-to-nuts understanding of mass torts liti-

gation. Mass Torts allows the readers to experience mass torts

litigation from the perspective of the attorneys who practice

in the area every day, but without the burden and challenges

of taking on a case outside of their typical practice area.

For more seasoned mass torts practitioners, the book

provides both historical context as well as tips and theories

for handling any type of mass tort case on a regular basis.

By way of context, the authors provide an overview of the

varied types of cases involved in mass torts litigation—from

the more widely known subsets of cases involving asbes-

tos, tobacco, pharmaceuticals, and medical devices, to the

less obvious, but equally complex, cases involving build-

ing disasters, environmental disasters, and terrorist attacks.

Understanding how these cases historically proceeded

through the state and federal courts, many times as class

actions or as part of multidistrict litigation, allows the reader

to understand the context of mass torts litigation today.

The authors of Mass Torts use broad brushstrokes to pro-

vide an overview of the specic legal theories involved in

litigating a mass tort case, regardless of the specic product

or event at issue. This approach delivers content that is use-

ful for all practitioners. The book, for example, outlines the

basic contours of the applicable theories of liability but, more

importantly, delineates exceptions to those theories. By tak-

ing this approach, the authors deliver content that is not just

interesting from a theoretical perspective but also useful for

practitioners of any level.

A Must-Have Book for Mass Torts

Practitioners

Mass Torts in the United States is available at http://bit.ly/LN481-masstorts.

Moving beyond the theories of

liability, the authors next deliver

valuable material relating to defenses

in mass torts cases. Whether you are

a plaintiff’s attorney trying to antici-

pate your opponent’s strategy or a

defense attorney aiming to minimize

or even avoid liability and damages,

the book provides insight into, and

examples of, defenses raised in vari-

ous jurisdictions and types of cases.

After laying out the background

of mass torts litigation, the book deftly moves through the

remaining topics. The authors dive into important issues such

as the judiciary’s role in managing mass torts litigation. In so

doing, the book touches on matters of critical importance to

practitioners: multidistrict litigation, class actions, and other

jurisdictional statutes, among others.

Beyond giving reader s a deep understanding of the nuts

and bolts of practicin g in mass torts l itigation, the book

shines a light on cr itical practice strategies for ma neuver-

ing through th e litigation. With ent ire chapters devoted to

expert evidenc e, discovery strategy, and litigation commu ni-

cations, the book provid es advice about how to handle and

navigate the meat of a mass tor ts litigation case. For practi-

tioners without rs t-chair tr ial experience , this information

is both insight ful and useful for when that rst- chair oppor-

tunity arises.

Finally, as many mass torts practitioners are acutely aware,

settling a mass torts case often involves insurance compa-

nies and their policies. Mass Torts provides an in-depth

look at how to reach settlement in mass torts cases and the

differences involved in settlements of class actions, bank-

ruptcy settlements, or individual case-by-case settlements.

Understanding how these settlements evolve and the role

that insurance companies and their policies play in the settle-

ment process is an essential part of the litigation process.

The authors’ experience and advice regarding insurance poli-

cies and their role in mass torts litigation help practitioners

understand an issue of critical concern when settling cases for

their clients.

Mass Torts is a necessary read for mass torts practitioners

and highly recommended for those outside of the mass torts

eld but with an interest in a booming area of litigation in

the United States. The book skillfully provides a vast amount

of information, and it does so in a way that makes the con-

tent easy to read and absorb.

By Elizabeth A . Kane, Litigation News Contributing Edito r

FALL 2022 • VOL. 4 8 NO. 1

31 | ABA LITIGATION SECTIO N

Published in Litigation News Volume 48, Number 1, Fall 2022 . © 2022 by the American B ar Association. Repr oduced with permis sion. All rights rese rved. This informa tion or any portion th ereof may not be cop ied or disseminated in any for m

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