Athens, Georgia – Elizabeth Chamblee Burch, a professor at the University of Georgia School of Law, has released her latest book, Mass Tort Deals: Backroom Bargaining in Multidistrict Litigation. This comprehensive work draws on extensive empirical research and data related to multidistrict litigation, revealing a concerning trend: the judicial system’s lack of checks and balances often favors everyone except the plaintiffs involved.
To complement the book’s publication, Burch has collaborated with the university’s technology department to create a publicly accessible database that enables users to delve deeper into the realm of multidistrict litigation. This database, designed to function similarly to the existing PACER system but with enhanced capabilities, allows users to search through legal documents’ texts more effectively.
Multidistrict litigation processes are significant. They consolidate similar lawsuits under the guidance of a single judge, managing cases that can constitute over a third of pending civil matters in federal courts. These cases frequently involve high-profile disputes, including litigation against major corporations related to products like opioids, Johnson & Johnson’s baby powder, Bayer’s Essure birth control device, and defects associated with General Motors ignition switches.
While federal judges occasionally certify certain multidistrict litigations as class actions—providing plaintiffs with essential judicial protections—the tide of tort reform has restricted the issuance of class action status. As highlighted by ongoing lawsuits involving defective products, claims have not vanished; rather, they have morphed into a series of individual suits bundled together within the court system, leading to significant risks for plaintiffs. In this environment, there is a prevailing concern that attorneys representing these plaintiffs might compromise the interests of their clients, and the likelihood of jury trials has diminished, becoming rarer than vintage legal dramas.
Burch’s analysis underscores these risks, pressing the need for greater oversight and transparency within these legal proceedings. The database, along with insights from her research, is further detailed on her blog, Mass Tort Litigation Blog, which serves as a resource for those seeking to understand the complexities of mass torts better.
The implications of Burch’s work extend beyond academia, impacting legal practitioners, policymakers, and the public alike. Her book and database aim to foster a more informed dialogue surrounding the intricacies of mass tort litigation and the systemic issues that may undermine fairness and justice for plaintiffs.
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