Tort Selection

The universe of mass tort cases is typically well-defined. They are usually personal injury cases resulting from the sale of dangerous products. Bad or contaminated prescription drugs, harmful medical devices, defective consumer products, and disasters affecting many people are the most common mass torts. At any given time, there will be dozens of mass tort cases in play, with one or two just about to enter the picture. Selecting which torts to pursue is part art and part science. The recent rise in the use of data analytics helps us make stronger, more accurate predictions but data cannot account for all human behavior. Understanding the motivations of clients, co-counsel, defendants, and your own team are an essential key to mass tort business acumen.


Our tort selection resources include guides, mini-courses, workbooks, and videos to help you win more often by helping you select the best torts for your practice.

Knowing your opponent is one of the 12 Mass Tort Secrets that will set you up for success. Our 3M e-Guide is designed to help mass tort attorneys, paralegals, and other paraprofessionals:

  • Gain historical perspective
  • Better understand the machinations of mass tort litigation
  • Develop sound strategies—and counterstrategies
  • Better manage client expectations
  • Anticipate a coming avalanche of specific toxic torts
  • Get a sense of just how cagey a large corporate defendant can be in fashioning its own narratives
  • and positioning itself to fight the claims against it


Download our free e-guide

“The People vs. 3M” to learn all about this mass tort defendant who is currently being sued in the largest mass tort in history in addition to toxic torts, medical devices, and face masks.

Determining which mass tort cases to get involved requires research, project planning, and a close following of legal and financial developments. Mass tort  litigation requires significant resources so you will want to be confident in the choice you make. Some areas of investigation include:

  • Research on the science and experts involved in the claim
  • Specific and general causation theories
  • Likelihood of surviving a Daubert/Frye challenge
  • Budgeting the cost per client acquisition
  • When to start, pause, or end marketing campaigns
  • Other mass tort firms involved in the litigation

The Mass Tort Institute’s Tort Selection Research Checklist will help you stay organized and ensure no step is missed in your evaluation of potential dockets to pursue. Whether you are a solo practitioner or have a team of lawyers and support staff to assist, you will be able to start evaluating existing and emerging mass tort dockets right away!




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