Mass Tort
What Is a Mass Tort?
A mass tort is a civil action in which numerous plaintiffs bring claims against one or a small number of defendants for injuries or damages arising from a common cause — typically a defective product, hazardous substance, or systemic failure. Unlike a class action, mass tort plaintiffs are generally treated as individual claimants, each with their own damages, even though their cases may be coordinated for purposes of discovery, motion practice, and settlement. In the construction industry, mass torts frequently arise when a single building material, component, or design flaw is used across many projects, exposing manufacturers, contractors, developers, and design professionals to claims from numerous property owners, tenants, or workers at once.
Common Causes of Mass Torts in Construction
- Defective building products and materials — siding, roofing, piping, stucco, or insulation systems that fail prematurely or cause property damage across multiple developments
- Hazardous material exposure — asbestos, silica, lead paint, and other substances present in older structures, demolition sites, or building materials
- Water intrusion and mold — systemic design or construction defects that lead to widespread moisture infiltration and resulting property and health claims
- Structural and design failures — repeated use of a flawed design or engineering specification across a tract of homes or a commercial portfolio
- Environmental contamination — soil, groundwater, or air contamination tied to a construction or demolition site affecting surrounding properties or workers
- Defective equipment and tools — construction equipment or safety devices that cause injury across multiple job sites
Because these claims often involve overlapping plaintiffs, common defendants, and shared factual and expert issues, coordinated defense strategy is essential to controlling cost and exposure.
Asbestos Litigation
Asbestos remains one of the most significant sources of mass tort liability in the construction industry, given its historic use in insulation, roofing, flooring, and fireproofing materials. Claims frequently involve former construction workers, tradespeople, and property occupants alleging exposure decades earlier, and often intersect with bankruptcy trust proceedings established by manufacturers no longer able to satisfy judgments directly.
Our team’s experience in this area includes attorneys who have worked on both the plaintiff and defense sides of asbestos litigation, giving us insight into how these claims are built, valued, and ultimately resolved. Our attorneys have:
- Served as part of asbestos trial teams, contributing to case preparation and execution
- Drafted asbestos bankruptcy trust affidavits, ensuring accuracy and compliance with the requirements of each trust
- Managed high-volume discovery in asbestos and related toxic tort matters, including supervising discovery teams, responding to defense discovery requests, and leading meet-and-confer efforts with opposing counsel
- Handled deposition preparation and defense, motion practice, and pre-trial case management in complex, multi-party litigation
This combination of trial, discovery, and trust-claims experience allows us to evaluate asbestos exposure claims efficiently and to defend them strategically, whether a case is headed toward early resolution or trial.
