The Emerging Mass Tort Litigation
Published online by Cambridge University Press: 07 August 2025
Chapter 10 addresses the question whether litigation against the firearms industry may ever evolve into a mature mass tort litigation, ultimately leading to an industry-wide settlement modeled on the tobacco settlement. The discussion sets forth signposts that historically have been indicators that certain product cases will evolve from individual litigation to an aggregate mass tort. These signposts include (1) developments or changes in the law, (2) regulatory recall, alert, or notice of a defective product, (3) establishment of a track record of litigation victories and settlements, (4) rise in the interest of the plaintiffs’ bar in pursuing litigation, (5) emergence of a critical mass of similarly situated claimants, (6) docket congestion, (7) judicial reception toward aggregating and managing multiple-claims litigation, (8) discovery of underlying facts and public dissemination of discovery materials, (9) development of underlying science or expert testimony in proof of claims, (10) the interest of states’ attorneys general in pursuing relief on behalf of their citizenry, (11) agile, strategic lawyering in response to changing litigation developments, and (12) the willingness of putative defendants and their insurers to come to the negotiation table.
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