LITIGATION TRENDS 2025 | 39 T O C E M P E S G A N T I I P C A P R O W C S P O R T C O N T A C T I N T A P P P A T C C L S E C Complex Commercial Litigation L Based on the February 2025 Judicial Panel on Multidistrict Litigation statistics, there are 275,225 active mass tort MDL cases, with 99,070 cases alone pending in the 3M earplugs product liability MDL in the Northern District of Florida. See In re 3M Prods. Liab. Litig., No. 3:19-md-2885-MCR (N.D. Fla.). We expect mass tort MDLs to continue to dominate the federal court docket for years to come. The underlying subject matter of these cases can vary widely, from defective earplugs, to toxic torts alleging chemical exposure, and even social media addition. The structure of these case, however, is similar and Plaintiff-side and defenseside firms have become accustomed to the MDL process as a method to resolve them. Plaintiffs’ lawyers frequently initiate cases after third-party groups post the results of (sometimes questionable) studies claiming a connection between a particular product and an injury. According to Corporate Counsel, the number of cases quickly accelerates after aggressive advertising campaigns, which can now be tracked to predict mass tort case filings. 2025 is likely to begin a turn in the makeup of the mass tort docket. The long-running earplugs MDL is winding down, and there are pending agreements to settle large MDLs concerning talcum powder and hernia mesh. Other mass tort cases are nearing bellwether trials, with judges in the paraquat and social media addition MDLs setting trials beginning this year. See In re Paraquat Prod. Liab. Litig., No. 3:21-md-3004-njr (S.D. Ill.); In re Social Media Adolescent Addiction/Personal Injury Prods. Liab. Litig., No. 22-MD3047-YGR (N.D. Ca.). As these cases continue to be resolved, new mass torts following the now-familiar framework will take their place. As they have in the past, we expect Plaintiffs’ firms will identify new mass tort defendants based upon third-party studies claiming a connection between new products and widespread injuries. Notably, new cases may also be inspired by the Trump Administration’s Make America Healthy Again initiative, which has directed the federal government to issue a report identifying the causes of childhood chronic disease, including the “threat that potential over-utilization of medication, certain food ingredients, certain chemicals, and certain other exposures” pose. Executive Order, Establishing the President’s Make America Healthy Again Commission, Feb. 13, 2025. As new mass tort cases continue to be filed, companies should familiarize themselves with the Plaintiffs’ firm mass tort playbook, consider proactive strategies to combat unfavorable third-party reports, and monitor Plaintiffs’ firm attorney advertising campaigns which can provide advance warning of new cases. Courts Will Continue to Grapple with Role of Litigation Funders While litigation funding has existed for more than 20 years in the United States, it has recently become an increasingly common way for potential plaintiffs to monetize their legal claims. Indeed, its prevalence led one 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 Number of MDL Pending Cases Percentage of MDL cases as to total number of cases 127,704 132,788 136,918 124,202 156,511 134,462 327,204 391,953 392,374 417,137 39.4% 38.9% 39.7% 35.5% 46.1% 36.8% 82.3% 66.4% 61.4% 71.4% 38 | Weil, Gotshal & Manges LLP
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