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Mass tort cases present unique challenges for both plaintiff’s and defense counsel. Unlike a class-action case, where a representative plaintiff stands in for the other members of the class, each plaintiff in a mass tort case...more
Finally addressing costly mass arbitration concerns, the American Arbitration Association (AAA) and Judicial Arbitration and Mediation Services (JAMS) announced major changes to their arbitration rules. The updates aim to...more
Taking a closer look at the JAMS Mass Arbitration Procedures and Guidelines - What are mass arbitrations, and why in recent years have there been so many of them? The U.S. Supreme Court has made clear in a series of...more
Given the number of class actions and other representative matters filed across the country, a phenomenon known as the reverse auction has increasingly evolved over the past decade, which affects both the process by which...more
Conceptually, the goal of bellwether mediations is the same as that of its counterpart (a trial): to develop an objective way to value a disparate set of cases to facilitate settlement. As with bellwether trials, the issues...more