Lexology January 22, 2025
- Volume, Volume, Volume: In 2025, the plaintiffs’ bar will continue to rely on massive numbers of cases to exert leverage on defendants. Currently, 95% of multidistrict litigation cases (MDLs) have over 1,000 plaintiffs; only 5% of MDLs have fewer than that number. Consolidated state court proceedings reflect a similar ratio. The number of litigants, particularly when coupled with the tendency of many judges to push settlement rather than to decide cases on the merits, will leave defendants with a difficult choice: pay significant settlements for meritless cases or spend considerable sums to defend them indefinitely.
- Economic Loss Class Actions: In 2025, the plaintiffs’ bar will look to expand their use of economic loss class actions to try to deliver...