Mass tort litigation has been pivotal in shaping the legal landscape, addressing complex cases with extensive amounts of data. From high-profile asbestos and tobacco lawsuits to more recent cases involving pharmaceuticals, medical devices, and environmental exposure, the history of mass tort litigation is a journey of discovery, accountability, and change.
By understanding both the past and the technological innovations shaping the future, we can better appreciate the balance between advocacy and efficiency in managing mass torts in today’s litigation landscape.
1965: Restatement of Torts, Second is published
The American Law Institute (ALI) issues the American Restatement of Torts, Second summarizing the general principles of common U.S. tort law. Strict liability for defective products is born via Section 402A.
1968: The JPML is created
The U.S. Judicial Panel on Multidistrict Litigation, known informally as the MDL Panel, was created by an Act of Congress in response to the challenges of coordinating similar cases that were pending in many states throughout the country.
1973: The first modern mass tort litigation
The first major plaintiff asbestos verdict is affirmed on appeal, triggering thousands of individual lawsuits and waves of class actions, making asbestos the first modern mass tort litigation.
1977: The first television advertisement for mass torts
Jacoby & Myers becomes the first law firm to utilize television to advertise its services in the mass tort arena.
1998: Restatement of Torts, Third is published
The ALI issues the American Restatement of Torts, Third setting out three main types of potential product defect claims: manufacturing, design, and warning.
2019: 24% of active MDLs involve a pharmaceutical product or medical device
MDLs total over 134,000 actions, spread across 194 active MDL dockets. Of the active MDLs, 14% involve a pharmaceutical product and 10% involve a medical device.
2020: Growing environmental litigations over PFAS chemicals
Litigation expanded over environmental issues, including PFAS chemicals, highlighting public awareness and stricter regulatory focus on environmental damage.
2020: Technology advances in mass tort cases
Advancements in e-discovery and data analytics improved the efficiency and management of mass tort cases, impacting legal strategies and outcomes.
2021: Increase in multidistrict litigation for mass tort efficiency
Courts started combining many mass tort cases into multidistrict litigation to manage the large number of claims more efficiently. This helped to cut down on repeated work, prevent conflicting decisions, and save resources.
2023: Rise of social media lawsuits
Discussions intensify regarding the potential impact of social media on mental health, causing debates in recognized mass tort litigations specifically targeting social media companies for addiction-related damages.
2023: AI Disclosure Act shifts legal focus
While not directly linked to traditional mass torts, the AI Disclosure Act addresses potential future litigation involving AI technology. This act highlights the legal system’s adaptation to new technology, which could become a new area for mass tort claims.
2023: Committee proposes new rule for managing MDL cases
The Advisory Committee on Civil Rules discussed several proposed amendments to the Federal Rules of Civil Procedure, including a new rule that would provide case management guidance in MDLs.
LMI’s Legal Tech Platforms: Driving the Future of Mass Tort Litigation
As mass tort cases have grown in complexity, the legal tools and technologies used to manage them have also evolved. From paper-based systems to sophisticated software solutions, LMI has been at the forefront of transforming the way law firms and corporations handle the massive undertaking of complex data management in mass tort litigation.
For 40 years, LMI has maintained the ongoing commitment to deliver the highest level of service and continually enhance our technology offerings to meet our clients’ evolving needs.
2002: Launch of LMISight®: Medical Data & Record Management Platform
A medical data and information management platform designed to store critical information on all cases in a single location, allowing teams to stay informed on case status, pending deadlines, record collection, and medical record review work products.
Benefits
- Security & HIPAA compliance
- AI-powered workflows to reduce turnaround time and improve process efficiencies
- Real-time status reports, available 24/7
- Online access to records in TIFF or PDF format
- Optional plaintiff counsel access to records, delivered via a separate and secure delivery site (LMI Med™)
2009: Launch of LMI Med™: Opposing Counsel Medical Data & Record Management Platform
A medical data and information management platform designed for opposing counsel to separately access records and data securely.
Benefits
- Security & HIPAA compliance
- AI-powered workflows to reduce turnaround time and improve process efficiencies
- Real-time status reports, available 24/7
- Online access to records in TIFF or PDF format
2010: Launch of LMISuite®: Case & Document Management Platform
Customizable, online case and claims management platform stores and shares data and documents interconnecting them across cases, within and across matters in one centralized location.
Benefits
- Simplified document searching
- AI-powered workflows to reduce turnaround time and improve process efficiencies
- Securely share documents and work products while tracking document version history
- Streamline processes to help all parties remain informed on case or claim status, pending deadlines, and more
2010: Launch of LMIDashboard®: Analytics & Reporting Platform
A decision support system for delivering litigation intelligence via standard and ad hoc metrics and reports.
Benefits
- At-a-glance real-time analytics
- Customizable dashboards
- Security settings allowing shared reports with all or select members of your team
- Available file share area can be used in place of a File Transfer Program (FTP) site to securely deliver and exchange information and reports
2018: Launch of LMI Exchange™: Centralized Data Exchange Platform
A customizable, secure, online environment for sharing fact sheets, discovery questionnaires, and supporting documents and files.
Benefits
- Transparent, collaborative, and streamlined platform to collect and share claimant and plaintiff information
- Fully customizable platform to fit the individual needs of litigations
- AI-powered workflows to reduce turnaround time and improve process efficiencies, such as deficiency reviews and delinquency tracking
- Real-time data insights accessible during data collection to enable early case assessment, claim verification, and resolution
2024: Launch of LMI DataLens™: Tech Enabled Medical Record Review Platform
A tech-enabled medical record review software for injury-related claims and litigation designed to improve the efficiency and accuracy of the analysis process for resolution.
Benefits
- Enhanced search for discovery files to find information faster, such as Proof of Use (POU) and Proof of Injury (POI)
- Custom file organization and management with user-driven preferences
- Document flagging for pages that require manual review
- Duplication detection of uploaded files
Shaping the Future: Embracing Innovation in Legal Tech and Data Management
The evolution of technology has revolutionized the legal industry and how data is managed. As we continue to embrace innovation, we must recognize the transformative potential of emerging solutions as we shape the future landscape of data management and analytics.
Learn about LMI’s Legal Software and Data Analytics solutions and how we can help you gain process efficiencies to make informed decisions, faster.