Handling Class Actions & Mass Tort Cases

Class action and mass tort litigation involve multiple plaintiffs bringing claims against corporations, government entities, or industries for damages related to consumer protection, environmental disasters, product liability, financial fraud, and workplace violations. These cases require complex legal coordination, litigation funding, and settlement structuring to ensure fairness and compliance with federal and state regulations. This course equips legal professionals with the knowledge to effectively initiate, manage, defend, or settle large-scale litigation.

• To provide participants with a structured approach to handling class action and mass tort litigation.
• To explore legal procedures, certification requirements, and strategic considerations for plaintiffs and defendants.
• To equip legal professionals with tools to manage discovery, motions, and multi-district litigation (MDL).
• To examine ethical issues, litigation funding models, and settlement structuring in high-stakes lawsuits.

• Understand the differences between class actions and mass torts and when to pursue each legal strategy.
• Learn the class certification process under Rule 23 of the Federal Rules of Civil Procedure (FRCP).
• Gain insights into multi-district litigation (MDL) and strategies for managing high-volume case coordination.
• Explore best practices for plaintiff-side case development and corporate defense tactics.
• Understand how to structure large-scale settlements, including common fund settlements and claims administration.
• Develop skills in managing litigation costs, third-party funding, and working with expert witnesses.

Module 1: Introduction to Class Actions & Mass Tort Litigation

• What is class action litigation? Key concepts and history of class action lawsuits.
• What is mass tort litigation? Differences from class actions and individual lawsuits.
• Key legal grounds for class actions and mass torts:
  • Product liability
  • Consumer fraud & financial fraud
  • Securities fraud
  • Environmental disasters
  • Employment & labor disputes
  • Pharmaceutical & medical device litigation
• Overview of Multi-District Litigation (MDL) and its role in mass tort cases.

Module 2: Class Certification Process & Legal Framework

• Understanding Rule 23 of the Federal Rules of Civil Procedure (FRCP):
  • Numerosity
  • Commonality
  • Typicality
  • Adequacy of representation
• How courts certify or deny class action status.
• Procedural requirements for filing a class action lawsuit.
• Challenging class certification: Common defense strategies.
• The role of lead plaintiffs and class representatives.

Module 3: Multi-District Litigation (MDL) & Case Consolidation

• What is Multi-District Litigation (MDL), and when is it used?
• Differences between MDL and class actions:
  • Centralized discovery vs. consolidated claims
• MDL case coordination:
  • Judicial Panel on Multi-District Litigation (JPML)
  • Selection of lead counsel
  • Discovery coordination across jurisdictions
• Pros and cons of MDL for plaintiffs and defendants.
• How MDLs impact settlement negotiations and case outcomes.

Module 4: Plaintiff & Defense Strategies in Class Actions & Mass Torts

• Plaintiff-side strategy:
  • Identifying lead plaintiffs and ensuring class representation.
  • Building strong factual and legal claims.
  • Coordinating with plaintiff litigation firms in mass tort cases.
  • Working with expert witnesses in complex liability cases.
• Defense strategy:
  • Early motion practice: Motion to dismiss, strike class certification, or compel arbitration.
  • Challenging plaintiff standing and class representation.
  • Negotiating individual vs. collective settlements.
  • Managing reputational risks in corporate defense cases.

Module 5: Managing E-Discovery & Evidence in Large-Scale Litigation

• Importance of e-discovery in class actions and mass torts.
• Managing electronically stored information (ESI) in complex litigation.
• Key challenges in discovery:
  • Preserving digital evidence
  • Managing voluminous data
  • Handling privileged and confidential materials
• Best practices for document review, redaction, and production in large-scale litigation.

Module 6: Settlement Structuring & Compensation Distribution

• How to structure a class action settlement:
  • Common fund settlements
  • Claims-made settlements
  • Reversionary settlements
• The role of claims administrators in distributing settlement funds.
• Notifying class members and obtaining settlement approvals.
• Ensuring fair compensation to plaintiffs and avoiding settlement objections.
• Opt-in vs. opt-out mechanisms in settlement agreements.

Module 7: Litigation Funding & Cost Control in Class Actions

• How third-party litigation funding is used in class actions & mass tort cases.
• Contingency fee structures for plaintiff law firms.
• Defense-side litigation budgets and cost control measures.
• Ethical considerations in funding class actions and mass tort claims.
• Evaluating financial risks and rewards in large-scale litigation funding.

Module 8: Ethical Considerations & Regulatory Compliance

• Ethical obligations in representing large plaintiff groups.
• Ensuring compliance with attorney-client privilege and class member confidentiality.
• Conflict-of-interest issues in mass litigation funding.
• Regulatory oversight of consumer protection and financial class actions.
• International mass tort cases: Managing cross-border litigation risks.

Module 9: Case Studies & Real-World Applications

• Case Study 1: Managing a high-profile consumer class action settlement.
• Case Study 2: Lessons from mass tort pharmaceutical litigation.
• Case Study 3: Defense strategy in product liability class actions.
• Case Study 4: How litigation funding played a role in environmental mass tort litigation.
• Lessons learned from precedent-setting mass tort and class action lawsuits.

• Litigation Attorneys, Mass Tort Lawyers, and Class Action Specialists.
• Corporate Counsel and Risk Management Professionals handling mass litigation defense.
• Consumer Protection Advocates and Regulatory Affairs Specialists.
• Litigation Finance Professionals and Third-Party Funders involved in mass claims financing.
• Law students, academics, and professionals specializing in complex litigation and dispute resolution.