A Primer to United States Procedure in Class Actions and Aggregate Litigation

Product liability suits around the globe often present similar regulatory, fact and policy questions. In the United States, plaintiffs' attorneys often seek to raise these common questions on behalf of many plaintiffs in a single action, a strategy that frequently redounds to the disadvantage (and sometimes the unfair disadvantage) of the defendants. In such cases, the factual proof supporting a claim is offered as to a small number of plaintiffs, and the court's decision on the merits of those plaintiffs' claims is then projected or extrapolated to all of the claims of all "similarly situated" claimants. This article provides an overview of the procedures that govern such mass product liability actions in the United States. Read more... 

This article appeared in the 2008 edition of The International Comparative Legal Guide to: Product Liability 2008; published by Global Legal Group Ltd, London.