Section Description Provided by Instructor
This course examines whether and how courts can dispense individual justice in cases involving thousands of litigants. The course does so by reviewing the legal and practical problems associated with managing what are frequently described as mass torts--high volumes of geographically dispersed litigation that requires special management techniques. The course will emphasize the rules of procedure and evidence applied to such cases, including the issues of causation, use 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 final examination is a timed, take home, open book/open note essay question that can be completed at any point during the finals period. 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