Understanding the Effects of Sequenced Discovery in Mass Tort Litigation: A 2015
Mass Tort litigation frequently rely upon assertions that relate defective products to injuries. Manufacturers of products must defend against claims that their products are linked to alleged injuries of a variety of plaintiffs. Such sequenced discovery focusing on cause is viewed as a suitable tactic in mass tort litigation.
Commonly, such legal action is complicated and very expensive. To hedge their bets, many companies name numerous plaintiff firms to ensure success. This method inevitably leads to poor results or failure at significantly added cost. Without admissible evidence of general causation, the claims of a plaintiff fail and the defendant is entitled to summary judgment. In addition, in mass tort litigation, parties often spend years in expensive litigation before general causation is even presented to the court.
Undertaking prior investigation of cause obviates protracted litigation and added costs; not to mention the risk of adverse judgments and loss of brand and company reputation. The Federal Rules of Civil Procedure and Manual of Complex Litigation support sequenced discovery. Companies should undertake due diligence and defense counsel should request court approval for sequenced discovery a priori.
However, despite the benefits of Sequenced Discovery, there are a number of constraints and limitations in its use. It is important to deciding whether and how to use sequenced discovery by assessing whether the mass tort litigation is unique, the court in fact is familiar with sequenced discovery, the likelihood of success is good, and what practical benefits will result from the case. What is most critical is to address general causation in the court as early as possible.
The Knowledge Group assembled a panel of key thought leaders to provide the audience with an in-depth two-hour, LIVE Webinar during which they will review and discuss the Application of Sequenced Discovery in Mass Tort Litigation. Speakers will provide the audience with practical advice on early identification general causation and submission of evidence thereof to the court. Speakers will help the audience understand tactics to determine evidence concurrent to reducing litigation duration and costs.
In a two-hour LIVE Webcast, the speakers will discuss:
- Sequencing Discovery in Mass Tort Litigation – An Overview
- Federal Rules of Civil Procedure and Manual of Complex Litigation
- Appropriateness of Sequenced Discovery in Mass Tort Litigation
- Successful Sequenced Discovery Implementation in Several Litigations
- When and How to Pursue Sequenced Discovery
- Minimization of Litigation Costs
- Regulatory and Litigation Concerns
Troutman Sanders LLP
- Making the Case for Sequenced Discovery to Plaintiffs’ Counsel & the Court in the Pharmaceutical Context
- Considerations of Plaintiffs’ Counsel When Confronting Potential Sequenced Discovery Agreement
- Early General Causation Determinations; A Case Study: The Zoloft Pregnancy Litigation
Verrill Dana LLP
- Case Management Orders: Content sequencing options and drafting tips
- Lone Pine Orders: Management of single incident Mass tort
- Asbestos: History and modern approach in sequencing discovery in the archetypal Mass tort.
Pierce, Davis & Perritano, LLP
- Federal Rules of Civil Procedure and Manual of Complex Litigation
- Appropriateness of Sequenced Discovery in Mass Tort Litigation
The Sultzer Law Group P.C.
- Strategies and issues pertaining to discovery and
- The scope of same in class actions
Who Should Attend:
- Trial Lawyers
- Mass Tort Litigation Attorneys
- Corporate Counsel
- Claims Managers and Adjusters
- Safety and Risk Management Officers
- Product Development Managers
- Product Design Officers
- Related Professionals
David F. Norden defends multinational corporate entities in highly-sensitive commercial, consumer fraud, product liability, and toxic tort litigation. He has appeared in courts across the United States, representing clients in class action and multidistrict litigation, as well as in appellate matters and sophisticated high-exposure individual cases. Outside of the courtroom, David has counseled clients facing congressional and various other governmental investigations under intense media scrutiny.
During the past decade, David has represented a diverse range of clients in the pharmaceutical, medical device, technology, automotive, energy, tobacco, chemical, transportation, and construction industries.
The scope of David’s practice has required his admission to the United States Courts of Appeals for the Fourth, Seventh, Tenth, and Eleventh Circuits, as well as to various state and federal courts in California, Colorado, Florida, Georgia, Illinois, Indiana, Louisiana, Maryland, Massachusetts, Mississippi, Missouri, Nevada, New Jersey, New York, North Carolina, Ohio, Pennsylvania, South Carolina, Texas, West Virginia, Wisconsin, and Wyoming.
David F. Norden defends multinational corporate entities in highly-sensitive commercial, consumer fraud, product liability, and toxic tort litigation. He has …
Jennifer Creedon is a trial attorney who represents large and small companies in products liability litigation, and business litigation. Whether a company's litigation is confined to one lawsuit or requires a multi-lawsuit solution, Jen can craft a defense strategy that fits the company's needs.
Jen has defended toxic tort and product liability actions for almost 20 years in Massachusetts, Rhode Island and Connecticut. She has served as local, regional and national counsel for companies with to xic tort and asbestos litigation. Jen has been part of a national counsel team for a Fortune 500 company and designed national trial strategy, involving preparation of corporate witnesses, expert witnesses and drafted nationwide discovery. As an adjunct to handling a company's complex litigation, she can coordinate its compliance with the Medicare, Medicaid and SCHIP Extension Act of2007 (MMSEA/ Mandatory Settlement Reporting).
Jen has been recognized as a 2015 Client Service All-Star by BTI Consulting Group and by New England Super Lawyers. Jen is an active member of DRI and Boston Bar Association where she served as the Tort Section co-chair.
Jennifer Creedon is a trial attorney who represents large and small companies in products liability litigation, and business litigation. Whether …
Judith A. Perritano is the Managing Partner of Pierce, Davis & Perritano, LLP. With more than twenty-five years of litigation defense and trial experience, Ms. Perritano has represented a variety of clients over a broad span of industries. The depth and breadth of her experience includes handling a wide variety of multi-party cases, from pre-suit investigation through trial in claims involving product liability, toxic torts, automobile, eminent domain and construction-related claims. The toxic tort claims defended by Ms. Perritano include various environmental exposures, such as asbestos, carbon monoxide, latex and lead, as well as allegations of “sick building syndrome” and multiple chemical sensitivity.
Ms. Perritano also serves as National Coordinating Counsel for an equipment manufacturer and is responsible for developing and directing her client’s strategies through all phases of asbestos defense litigation, including appeal. In connection with this work, Ms. Perritano routinely assists in trial preparation for problematic jurisdictions nationwide. Her efforts include the development of defense experts, the marshaling and coordination of internal, historical and archival documents, and the preparation of detailed and case-specific trial cross-examination outlines for key Plaintiffs’ experts.
Ms. Perritano received her Juris Doctor from Suffolk University Law School (cum laude, 1988), where she was Editor-in-Chief of the Transnational Law Journal.
Judith A. Perritano is the Managing Partner of Pierce, Davis & Perritano, LLP. With more than twenty-five years of litigation …
Jason P. Sultzer is a trial lawyer and the founding partner of The Sultzer Law Group P.C. He represents clients throughout the United States in high profile litigations and has substantial experience in class actions, product liability, mass torts, business disputes, personal injury litigation, and intellectual property-related issues.
Mr. Sultzer has successfully defended and prosecuted nationally recognized companies in highly publicized class action lawsuits in state and federal courts, including proceedings before the Judicial Panel on Multidistrict Litigation. These class actions involved a wide variety of matters, including unfair competition, breach of warranty, product-related issues, employment discrimination, civil rights, overtime wages, the Fair Debt Collection Practices Act, the Telephone Consumer Protection Act, and consumer protection statutes of nearly all fifty states. Mr. Sultzer has successfully opposed class certification and has obtained dismissals in cases prior to class certification by asserting defenses such as federal preemption, primary jurisdiction, and lack of standing. Mr. Sultzer is a frequent author and lecturer about class action lawsuits and has been quoted in national publications concerning the Class Action Fairness Act and class action settlements.
Mr. Sultzer also has successfully litigated hundreds of product liability cases involving a wide range of products, including catastrophic injury and wrongful death matters resulting from fires and electrocutions. Most recently, Mr. Sultzer conducted a trial in which the court returned a favorable verdict in a case involving allegations that his client's product caused a fire and property damage in excess of $10 million.
Additionally, Mr. Sultzer has extensive experience in mass tort cases, including those involving asbestos and the alleged health effects of cell phone use. Given Mr. Sultzer's significant experience in mass tort matters, he regularly advises his clients during corporate crisis situations associated with product recalls, federal agency investigations, state attorney general inquiries, and mass tort and class action litigation threats
Jason P. Sultzer is a trial lawyer and the founding partner of The Sultzer Law Group P.C. He represents clients …
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About Troutman Sanders LLP
Founded in 1897, Troutman Sanders LLP is an international law firm with more than 600 lawyers practicing in offices located throughout the United States and Asia. The firm’s clients range from large multinational corporations to individual entrepreneurs and reflect virtually every sector and industry. The firm’s heritage of extensive experience, exceptional responsiveness and an unwavering commitment to service has resulted in strong, long-standing relationships with clients across the globe. In recognition of the firm’s strong service culture, Troutman Sanders has been on the BTI Client Service A-Team for 11 consecutive years.
About Verrill Dana LLP
Verrill Dana is a full service regional law firm with 130 attorneys in Boston, Ma, Providence, RI, Westport, CT, Portland, ME, Augusta, ME and Washington, D.C. allowing us to serve clients with interests across the country and around the world. Through scalable staffing, careful communication and skillful project management, Verrill Dana helps individuals and businesses achieve their goals in a manner that suits their unique legal needs and preferred work methods.
Verrill Dana is committed to providing value-driven, quality legal services and practical solutions in a cost-effective manner. Our lawyers strive to earn the status of trusted counsel, advocates and allies in our clients' success.
About Pierce, Davis & Perritano, LLP
Pierce, Davis & Perritano is a full service civil litigation and trial firm based in Boston, and with offices in Rhode Island and Connecticut. The firm represents a wide range of businesses, municipalities, governmental and quasi-governmental agencies, individuals, and their insurers. PDP attorneys concentrate on product liability, toxic tort, municipal liability and other specialty liability litigation. They also have extensive experience providing consultation and litigation services to businesses in areas ranging from contractual relations to employment practices.
About The Sultzer Law Group P.C.
The Sultzer Law Group P.C. is a premier full-service litigation firm with experience where it counts: in the courtroom, before juries. Lawyers in our firm collectively have over 100 years of experience representing both plaintiffs and defendants in complex civil disputes involving significant liability exposure and a likelihood of going to trial. The firm's concentration in complex litigation includes prosecuting and defending consumer fraud class actions, mass torts, business disputes, and intellectual property related matters throughout the country. We are known as creative and tenacious trial lawyers on both sides of the docket, and our clients appreciate the insights that our broad experience provides because we understand what motivates both plaintiffs and defendants during trial and negotiations.