This course presents a comprehensive review of the legal problems and issues associated with the unique, growing phenomenon of mass torts--high volumes of geographically dispersed litigation that requires special management techniques. The course will emphasize such issues as determining medical and scientific causation (including the issue of expert testimony) consolidation of state and federal litigation in one forum, judicial determination of who should appropriately manage the litigation for both plaintiffs and defendants, and parallel state and federal proceedings. The unique issue of future claims, the development of procedures for the processing of mass tort claims, ethical issues, and issues associated with Congressional intervention will also be covered. The overriding question of whether the courts can dispense individual justice in cases involving thousands of litigants will be explored. The final examination will consist of several essay questions and will be an open book examination. Required reading will be focused on core concepts and recently decided cases in order to promote a more interactive and in-depth discussion of the issues.
FINAL EXAM: 8-HOUR TAKE-HOME DURING EXAM PERIOD