This course examines the issues arising in mass tort litigation involving pharmaceuticals, medical devices, consumer products, toxic torts, environmental disasters, and terrorist attacks. Initially, the course explores the tension between aggregate procedure and litigant autonomy, as well as ethical dilemmas arising in mass tort practice. The course then assesses attempts to adjudicate mass torts through multidistrict litigation, class actions, preclusion, quasi-class actions, and non-class claims funds. The course concludes with a consideration of career satisfaction in mass tort litigation. Course assignments include writing and oral advocacy.
Prerequisites: Torts and Civil Procedure I & II