Bellwether trials definition

The bellwether trial is like a practice run to help anticipate the results of the future similar cases. To further explain, we have to go back to the beginning. How do bellwether cases come about in the first place?

We have to begin with mass tort litigation. A mass tort is a civil action involving numerous plaintiffs against one or more defendants. Mass torts typically involve a product or incident that has harmed a large number of people such as dangerous side effects from pharmaceutical drugs, injuries as a result of a faulty medical device, or mass injuries or casualties in a large accident or chemical spill.

While those are only examples, a mass tort litigation is designed to help a large number of people. Once there have been many cases filed, a Multi-District Litigation MDL is formed to essentially speed up the legal process.

The cases are fast-tracked by transferring and consolidating them for pretrial proceedings before a judge. After an MDL has been filed, the judge presiding over the case and attorneys involved will select cases in the MDL to be included in the bellwether trials.

One of the common issues of an MDL is that it would not be feasible to address a large group of sprawling lawsuits involved in an MDL so to better-manage the specific entity of the legal system, a bellwether trial, a smaller consolidation of these cases, is tried in front of the judge. The benefits of bellwether trials are abundant.

Once an MDL is established, it is up to the judge and related attorneys to choose which lawsuits will be included in the bellwether trials.

The cases chosen are meant to represent the broad range of cases related to the MDL. The benefits of a Bellwether trial span across all parties involved. For the plaintiffs, a Bellwether trial allows the opportunity to present evidence and focus their claims on what will be the most successful in court. For the defendant, a Bellwether trial provides the option to pursue litigation with the other cases filed or settle out of court.

For judges and legislators, bellwether trials serve as an indicator of future trends in the legal industry. Bellwether trials provide a unique advantage to the legal system when no other options are available for handling a massive caseload. Bellwether trials do not guarantee the same verdict across an MDL; they simply serve as a representative example of the situation at hand and how best to handle it.

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