Tips for Organizing and Selecting Bellwether Trials – Sophia Arim Authors Daily Journal Article
In the world of mass tort litigation, bellwether trials are a commonly used tool to resolve a large number of cases by selecting a representative sample. Whether bellwether plaintiffs should be randomly selected or otherwise, and whether a bellwether process is necessary at all, depends on the facts and circumstances of each case. In her Daily Journal article, Associate Sophia Arim discusses why the bellwether process can be beneficial, techniques for selecting bellwether plaintiffs and tips for attorneys to better organize client data throughout mass tort cases.
When choosing bellwether plaintiffs, Arim explained they are typically selected one of two ways: 1) random selection or 2) both counsel for plaintiffs and the defendant(s) will select a few individuals and either agree to the selection or the judge will decide.
She noted that on one hand, random selection may theoretically result in a more representative sample. Both parties and judges are often skeptical that the other side will put forward their strongest cases when not chosen randomly. On the other hand, having both parties select a set number of bellwether plaintiffs may still be representative of the larger universe of cases and may be more appropriate where there is no belief that damages across the plaintiff pool vary widely.
Arim added that as a practical matter, it is incredibly important for plaintiff’s counsel to keep pertinent and organized data about their clients, and using tools like Excel to input data about each client will keep you organized and sane.
Read the article here. (Subscription required)
As one of the leading trial lawyers in California, Partner Matthew McNicholas represents victims in a range of areas, including personal injury, wrongful death, employment law, product liability, sexual assault and other consumer-oriented matters. Learn more about his professional background here.