Mass torts can be one of the most impactful areas of law, but it can be intimidating to enter the space. If you’ve ever considered practice diversification through participation in mass torts, this guide is for you. We’ll break down the key mass tort terms, helping you more confidently navigate this area of litigation.
Mass Tort: A type of civil action involving numerous plaintiffs with a similar cause of action or injury against one or a few corporate defendants. In contrast to class action lawsuits, where typically each case is awarded the same amount, mass tort cases have different values based on each individual plaintiff’s claim or injury and are usually tiered at settlement.
Multidistrict Litigation (MDL): A legal procedural mechanism that combines and streamlines mass tort cases. This allows multiple similar lawsuits filed in different federal courts to be transferred to a single MDL court for pre-trial proceedings, centralizing common discovery and ensuring consistent rulings. However, each plaintiff’s case remains an individual case. If an MDL is not resolved through settlement or dismissed during pretrial proceedings, the individual cases may be returned to their original federal courts for trial.
Class Action Lawsuit: A legal action where one or more individuals sue on behalf of a larger group of individuals who have suffered similar harm or injuries due to the same entity. The court’s ruling applies to all participants in a class action, and all participants typically divide the awarded compensation equally.
Judicial Panel on Multidistrict Litigation (JPML): According to the U.S. General Services Administration, the JPML determines “whether civil actions pending in two or more federal judicial districts should be transferred to a single federal district court for pretrial proceedings.” The JPML also decides on the venue for the MDL if approved to consolidate.
Daubert: The “Daubert Standard” or “Challenge” is a legal framework used by trial court judges to evaluate the admissibility of expert witness testimony. It was established in the 1993 U.S. Supreme Court case Daubert v. Merrell Dow Pharmaceuticals Inc., 509 U.S. 579 (1993). In mass tort cases, overcoming the Daubert Standard is essential.
Bellwether Trial: A small consolidation of lawsuits, selected from a larger group of similar cases in a mass tort, to be tried first. The outcome of a bellwether trial often serves as an indicator for how the other cases might be resolved, influencing settlement negotiations and litigation strategy.
Lead Generation: The process of identifying potential plaintiffs for a mass tort case, which is crucial for building a robust plaintiff pool. This often involves website optimization, online advertising, or working with a legal marketing partner.
Telephone Consumer Protection Act (TCPA): A federal law that regulates telemarketing calls, auto-dialed calls, pre-recorded calls, text messages, and unsolicited faxes to protect consumer privacy.
Case Acquisition: The process of signing up clients for a mass tort lawsuit and key to building a strong mass tort practice. This involves evaluating potential plaintiffs, ensuring they meet the case criteria, and formally retaining them as clients.
Criteria: In mass torts, criteria refers to the specific requirements a plaintiff must meet to be included in a particular lawsuit. These often include factors such as the type of injury, exposure to the product or substance, and the timeline of events. The purpose is to establish consistencies among claimants, which can help prove a product or issue is to blame.
Intake: The initial process of gathering information from potential plaintiffs. This typically involves a detailed questionnaire to determine if they meet the necessary criteria. A well-organized intake process ensures that only viable cases move forward.
Case Attrition: The drop-off of cases as they move through the litigation process. Not all cases that are initially filed or signed up will proceed to trial or settlement. Case attrition can occur due to a variety of reasons including lack of evidence, changes in plaintiff circumstances, or strategic decisions by legal teams.
Since 2023, Broughton Partners has been a proud recipient of the esteemed iComply TCPA Compliance Seal from CompliancePoint. To learn more about legal marketing regulations across the US, check out our blog here.
Enter the Mass Tort Space with Broughton Partners
By working with Broughton Partners, law firms gain more clients and build better connections between claimants, litigating firms, and referring firms. With various consumer-facing brands, we reach out to potential claimants across television, radio, social media, and other advertising avenues. Claimants contact our in-house 24/7 call center and are screened for eligibility using criteria created with leading litigators. These pre-qualified retainers are then delivered to your firm without any additional work on your part.
Our process lets attorneys help more people without adding to their workload and gives claimants more power to find necessary legal aid. Ready to learn more? Call us at (844) 206-4644 or complete our online contact form today.