Course Schedule

This course examines problems in complex mass tort litigation that emerged during the 1980s and now have become a permanent part of the litigation landscape. Initially, the course surveys the paradigmatic mass tort cases such as those involving the Dalkon Shield, Agent Orange and asbestos litigation to understand and define the peculiar problems arising in the context of mass tort litigation, as opposed to simple two-party tort litigation. During the course we also will examine other mass tort cases involving mass disasters such as Bhopal, Three Mile Island, the Hyatt-Regency Skywalk collapse and the Dupont Plaza Hotel fire; and mass products liability litigation involving bendectin, DES, the silicon breast implant litigation, defective heart valve litigation, repetitive stress injury litigation. We will discuss the evolution of mass tort litigation over a span of fifty years, examining the most recent resolution of the NFL Football League Concussion Litigation. In the first section of the course we deal with jurisprudential issues, including the debate between proponents of aggregative procedure versus litigant autonomy. In an economic framework, we examine the problem of balancing justice, cost, and delay as these values relate to economic efficiency and sound judicial administration. This portion of the course examines special ethical dilemmas in mass tort litigation. The course then canvasses procedural problems entailed in mass tort litigation, including the failures and successes of federal and state procedural rules to adequately handle these massive cases through the class action rule, consolidation, MDL procedure, and preclusion doctrine. We will examine and discuss the shift of mass tort dispute resolution to multi-district litigation auspices, and the issues and problems of resolving these cases through MDL procedures.

The third edition of the casebook addresses mass tort class litigation in a post-Amchem/Ortiz world.  New materials have been added concerning expanded use of MDL auspices, bellwether trials, non-class aggregate settlements, the quasi-class action, the aggregate settlement rule, and the ethical duties of attorneys with clients in MDL and non-class proceedings. Two revised chapters focus on challenging issues in mass tort litigation: damage sampling; statistical proof; limited issues classes; multiphase trial plans; sub-classing; and res judicata. New cases have been added that reflect resolution of various pharmaceutical mass torts (Vioxx and Zyprexa); personal injury mass torts (the NFL and Collegiate Athletes concussion litigation); products liability mass torts (the Ford and GMC Ignition Switch litigations; heart-valve cases; tobacco litigation; the moldy washer cases); natural and man-made environmental disasters (the Hurricane Katrina and BP Gulf Oil Spill litigation), and the World Trade Center events. A new chapter includes materials on the Class Action Fairness Act of 2005, including the concept of the “mass action.” Finally, the third edition includes materials on so-called “fund approaches” to resolving mass tort litigation.

The casebook for this course is Linda S. Mullenix, MASS TORT LITIGATION; CASES AND MATERIALS (3d ed. 2016)(West Aacdemic Publishing 2016). Prerequisites: Civil Procedure; Torts.

This course examines problems in complex mass tort litigation that emerged during the 1980s and now have become a permanent part of the litigation landscape. Initially, the course surveys the paradigmatic mass tort cases such as those involving the Dalkon Shield, Agent Orange and asbestos litigation to understand and define the peculiar problems arising in the context of mass tort litigation, as opposed to simple two-party tort litigation. During the course we also will examine other mass tort cases involving mass disasters such as Bhopal, Three Mile Island, the Hyatt-Regency Skywalk collapse and the Dupont Plaza Hotel fire; and mass products liability litigation involving bendectin, DES, the silicon breast implant litigation, defective heart valve litigation, repetitive stress injury litigation. We will discuss the evolution of mass tort litigation over a span of fifty years, examining the most recent resolution of the NFL Football League Concussion Litigation. In the first section of the course we deal with jurisprudential issues, including the debate between proponents of aggregative procedure versus litigant autonomy. In an economic framework, we examine the problem of balancing justice, cost, and delay as these values relate to economic efficiency and sound judicial administration. This portion of the course examines special ethical dilemmas in mass tort litigation. The course then canvasses procedural problems entailed in mass tort litigation, including the failures and successes of federal and state procedural rules to adequately handle these massive cases through the class action rule, consolidation, MDL procedure, and preclusion doctrine. We will examine and discuss the shift of mass tort dispute resolution to multi-district litigation auspices, and the issues and problems of resolving these cases through MDL procedures.

The third edition of the casebook addresses mass tort class litigation in a post-Amchem/Ortiz world.  New materials have been added concerning expanded use of MDL auspices, bellwether trials, non-class aggregate settlements, the quasi-class action, the aggregate settlement rule, and the ethical duties of attorneys with clients in MDL and non-class proceedings. Two revised chapters focus on challenging issues in mass tort litigation: damage sampling; statistical proof; limited issues classes; multiphase trial plans; sub-classing; and res judicata. New cases have been added that reflect resolution of various pharmaceutical mass torts (Vioxx and Zyprexa); personal injury mass torts (the NFL and Collegiate Athletes concussion litigation); products liability mass torts (the Ford and GMC Ignition Switch litigations; heart-valve cases; tobacco litigation; the moldy washer cases); natural and man-made environmental disasters (the Hurricane Katrina and BP Gulf Oil Spill litigation), and the World Trade Center events. A new chapter includes materials on the Class Action Fairness Act of 2005, including the concept of the “mass action.” Finally, the third edition includes materials on so-called “fund approaches” to resolving mass tort litigation.

The casebook for this course is Linda S. Mullenix, MASS TORT LITIGATION; CASES AND MATERIALS (3d ed. 2016)(West Aacdemic Publishing 2016). Prerequisites: Civil Procedure; Torts.

This course will be taught entirely online via Zoom. 

This course examines problems in complex mass tort litigation that emerged during the 1980s and now have become a permanent part of the litigation landscape. Initially, the course surveys the paradigmatic mass tort cases such as those involving the Dalkon Shield, Agent Orange and asbestos litigation to understand and define the peculiar problems arising in the context of mass tort litigation, as opposed to simple two-party tort litigation. During the course we also will examine other mass tort cases involving mass disasters such as Bhopal, Three Mile Island, the Hyatt-Regency Skywalk collapse and the Dupont Plaza Hotel fire; and mass products liability litigation involving bendectin, DES, the silicon breast implant litigation, defective heart valve litigation, repetitive stress injury litigation. We will discuss the evolution of mass tort litigation over a span of fifty years, examining the most recent resolution of the NFL Football League Concussion Litigation. In the first section of the course we deal with jurisprudential issues, including the debate between proponents of aggregative procedure versus litigant autonomy. In an economic framework, we examine the problem of balancing justice, cost, and delay as these values relate to economic efficiency and sound judicial administration. This portion of the course examines special ethical dilemmas in mass tort litigation. The course then canvasses procedural problems entailed in mass tort litigation, including the failures and successes of federal and state procedural rules to adequately handle these massive cases through the class action rule, consolidation, MDL procedure, and preclusion doctrine. We will examine and discuss the shift of mass tort dispute resolution to multi-district litigation auspices, and the issues and problems of resolving these cases through MDL procedures.

The third edition of the casebook addresses mass tort class litigation in a post-Amchem/Ortiz world.  New materials have been added concerning expanded use of MDL auspices, bellwether trials, non-class aggregate settlements, the quasi-class action, the aggregate settlement rule, and the ethical duties of attorneys with clients in MDL and non-class proceedings. Two revised chapters focus on challenging issues in mass tort litigation: damage sampling; statistical proof; limited issues classes; multiphase trial plans; sub-classing; and res judicata. New cases have been added that reflect resolution of various pharmaceutical mass torts (Vioxx and Zyprexa); personal injury mass torts (the NFL and Collegiate Athletes concussion litigation); products liability mass torts (the Ford and GMC Ignition Switch litigations; heart-valve cases; tobacco litigation; the moldy washer cases); natural and man-made environmental disasters (the Hurricane Katrina and BP Gulf Oil Spill litigation), and the World Trade Center events. A new chapter includes materials on the Class Action Fairness Act of 2005, including the concept of the “mass action.” Finally, the third edition includes materials on so-called “fund approaches” to resolving mass tort litigation.

The casebook for this course is Linda S. Mullenix, MASS TORT LITIGATION; CASES AND MATERIALS (3d ed. 2016)(West Aacdemic Publishing 2016). Prerequisites: Civil Procedure; Torts.

This course focuses on the acquisition of professional skills necessary to perform two separate roles in the mediation process: legal advocate and mediator. During the course, students will learn the social and political bases for the development of alternative dispute resolution procedures; become familiar with different models of negotiation and mediation; study the legislation regulating the practice of mediation, especially in Texas courts; increase awareness of personal strengths and weaknesses in communication and negotiation and improve those skills; acquire advocacy skills for representing clients in mediation; acquire the essential skills necessary to mediate interpersonal and legal disputes; and develop a framework for making ethical decisions as a legal advocate or mediator in the mediation process. Students will read textbooks, participate in negotiation and mediation role plays, complete exercises designed to enhance communication and negotiation skills, and prepare a reflective journal. The course is designed to fulfill the statutory minimum requirements in Texas for a basic training course in dispute resolution techniques.

This course is a focused examination of mediation processes. We will take the topics from the Alternative Dispute Resolution course and extend our understanding with practical exercises. The student should leave this course better equipped to represent clients at mediation. This is a skills-oriented course that requires active participation, with the goal of immersing you in the developing realities of mediation.

This course is a focused examination of mediation processes. We will take the topics from the Alternative Dispute Resolution course and extend our understanding with practical exercises. The student should leave this course better equipped to represent clients at mediation. This is a skills-oriented course that requires active participation, with the goal of immersing you in the developing realities of mediation.

This course focuses on the acquisition of professional skills necessary to perform two separate roles in the mediation process: legal advocate and mediator. During the course, students will learn the social and political bases for the development of alternative dispute resolution procedures; become familiar with different models of negotiation and mediation; study the legislation that regulates the practice of mediation, especially in Texas courts; increase awareness of personal strengths and weaknesses in communication and negotiation and improve those skills; acquire advocacy skills for representing clients in mediation; acquire the essential skills necessary to mediate interpersonal and legal disputes; and develop a framework for making ethical decisions as a legal advocate or mediator in the mediation process. Students will read books, participate in negotiation and mediation role plays, complete testing instruments and exercises designed to enhance communication and negotiation skills, and prepare a reflective journal. The course is designed to fulfill the statutory minimum requirements in Texas for a basic training course in dispute resolution techniques.

This course is a focused examination of mediation processes. We will take the topics from the Alternative Dispute Resolution course and extend our understanding with practical exercises. The student should leave this course better equipped to represent clients at mediation. This is a skills-oriented course that requires active participation, with the goal of immersing you in the developing realities of mediation.

This course is a focused examination of mediation processes. We will take the topics from the Alternative Dispute Resolution course and extend our understanding with practical exercises. The student should leave this course better equipped to represent clients at mediation. This is a skills-oriented course that requires active participation, with the goal of immersing you in the developing realities of mediation.

This course focuses on the acquisition of professional skills necessary to perform two separate roles in the mediation process: legal advocate and mediator. During the course, students will learn the social and political bases for the development of alternative dispute resolution procedures; become familiar with different models of negotiation and mediation; study the legislation that regulates the practice of mediation, especially in Texas courts; increase awareness of personal strengths and weaknesses in communication and negotiation and improve those skills; acquire advocacy skills for representing clients in mediation; acquire the essential skills necessary to mediate interpersonal and legal disputes; and develop a framework for making ethical decisions as a legal advocate or mediator in the mediation process. Students will read books, participate in negotiation and mediation role plays, complete testing instruments and exercises designed to enhance communication and negotiation skills, and prepare a reflective journal. The course is designed to fulfill the statutory minimum requirements in Texas for a basic training course in dispute resolution techniques.

This course focuses on the acquisition of professional skills necessary to perform two separate roles in the mediation process: legal advocate and mediator. During the course, students will learn the social and political bases for the development of alternative dispute resolution procedures; become familiar with different models of negotiation and mediation; study the legislation that regulates the practice of mediation, especially in Texas courts; increase awareness of personal strengths and weaknesses in communication and negotiation and improve those skills; acquire advocacy skills for representing clients in mediation; acquire the essential skills necessary to mediate interpersonal and legal disputes; and develop a framework for making ethical decisions as a legal advocate or mediator in the mediation process. Students will read books, participate in negotiation and mediation role plays, complete testing instruments and exercises designed to enhance communication and negotiation skills, and prepare a reflective journal. The course is designed to fulfill the statutory minimum requirements in Texas for a basic training course in dispute resolution techniques.

This course is a focused examination of mediation processes. We will take the topics from the Alternative Dispute Resolution course and extend our understanding with practical exercises. The student should leave this course better equipped to represent clients at mediation. This is a skills-oriented course that requires active participation, with the goal of immersing you in the developing realities of mediation.

This course focuses on the acquisition of professional skills necessary to perform two separate roles in the mediation process: legal advocate and mediator. During the course, students will learn the social and political bases for the development of alternative dispute resolution procedures; become familiar with different models of negotiation and mediation; study the legislation that regulates the practice of mediation, especially in Texas courts; increase awareness of personal strengths and weaknesses in communication and negotiation and improve those skills; acquire advocacy skills for representing clients in mediation; acquire the essential skills necessary to mediate interpersonal and legal disputes; and develop a framework for making ethical decisions as a legal advocate or mediator in the mediation process. Students will read textbooks, participate in negotiation and mediation role plays, complete exercises designed to enhance communication and negotiation skills, and prepare a reflective journal. The course is designed to fulfill the statutory minimum requirements in Texas for a basic training course in dispute resolution techniques.

This highly interactive course will examine the use of mediation as a method of dispute resolution. We will learn the statutory and case law governing the use of mediation; study mediation ethics; and practice the skills necessary to be an effective mediation advocate and mediator. Students will observe “real life” mediations conducted by experienced professionals; participate in role playing exercises as mediators, attorney advocates, and parties; and write papers on a selected topic of interest involving mediation. The course is intended to meet the statutory requirement of a minimum of 40 classroom hours of training in dispute resolution techniques.

This course is a focused examination of mediation processes. We will take the topics from the Alternative Dispute Resolution course and extend our understanding with practical exercises. The student should leave this course better equipped to represent clients at mediation. This is a skills-oriented course that requires active participation, with the goal of immersing you in the developing realities of mediation.

This course focuses on the acquisition of professional skills necessary to perform two separate roles in the mediation process: legal advocate and mediator. During the course, students will learn the social and political bases for the development of alternative dispute resolution procedures; become familiar with different models of negotiation and mediation; study the legislation that regulates the practice of mediation, especially in Texas courts; increase awareness of personal strengths and weaknesses in communication and negotiation and improve those skills; acquire advocacy skills for representing clients in mediation; acquire the essential skills necessary to mediate interpersonal and legal disputes; and develop a framework for making ethical decisions as a legal advocate or mediator in the mediation process. Students will read textbooks, participate in negotiation and mediation role plays, complete exercises designed to enhance communication and negotiation skills, and prepare a reflective journal. The course is designed to fulfill the statutory minimum requirements in Texas for a basic training course in dispute resolution techniques.

This highly interactive course will examine the use of mediation as a method of dispute resolution. We will learn the statutory and case law governing the use of mediation; study mediation ethics; and practice the skills necessary to be an effective mediation advocate and mediator. Students will observe “real life” mediations conducted by experienced professionals; participate in role playing exercises as mediators, attorney advocates, and parties; and write papers on a selected topic of interest involving mediation. The course is intended to meet the statutory requirement of a minimum of 40 classroom hours of training in dispute resolution techniques.

This course is a focused examination of mediation processes. We will take the topics from the Alternative Dispute Resolution course and extend our understanding with practical exercises. The student should leave this course better equipped to represent clients at mediation. This is a skills-oriented course that requires active participation, with the goal of immersing you in the developing realities of mediation.

This course will be taught entirely online via Zoom.

This course focuses on the acquisition of professional skills necessary to perform two separate roles in the mediation process: legal advocate and mediator. During the course, students will learn the social and political bases for the development of alternative dispute resolution procedures; become familiar with different models of negotiation and mediation; study the legislation that regulates the practice of mediation, especially in Texas courts; increase awareness of personal strengths and weaknesses in communication and negotiation and improve those skills; acquire advocacy skills for representing clients in mediation; acquire the essential skills necessary to mediate interpersonal and legal disputes; and develop a framework for making ethical decisions as a legal advocate or mediator in the mediation process. Students will read textbooks, participate in negotiation and mediation role plays, complete exercises designed to enhance communication and negotiation skills, and prepare a reflective journal. The course is designed to fulfill the statutory minimum requirements in Texas for a basic training course in dispute resolution techniques.

 This course is designed to give students an introduction to the real world experience of the dealmaking process, from the first contact between the parties to drafting and negotiating the documents that govern transformational corporate transactions. Over the course of the semester, we’ll break down the main agreements involved in a hypothetical deal with a view to developing a fundamental understanding of how those components interact with the overall business arrangement and deal dynamics. You will analyze and learn to understand how the key provisions of these transaction agreements are negotiated with a view to value maximization for the client and appropriate risk allocation among the parties to a deal. We will also discuss the less tangible aspects of dealmaking that take place outside the four corners of the transaction agreements but are no less important, including the economic and personal motivations of the various parties involved and the psychology and group dynamics of a deal process. As the deal world is an ever changing environment, we’ll look to bring current real world examples into the classroom. Students will engage in-class group practice assignments, including drafting (or “marking up”) transaction documents and preparing issues lists in the context of a prepared fact pattern. Subject matter experts from K&E will be presenting special topics, including financing strategies, navigating deal litigation and public disclosure issues.

 This course is designed to give students an introduction to the real world experience of the dealmaking process, from the first contact between the parties to drafting and negotiating the documents that govern transformational corporate transactions. Over the course of the semester, we’ll break down the main agreements involved in a hypothetical deal with a view to developing a fundamental understanding of how those components interact with the overall business arrangement and deal dynamics. You will analyze and learn to understand how the key provisions of these transaction agreements are negotiated with a view to value maximization for the client and appropriate risk allocation among the parties to a deal. We will also discuss the less tangible aspects of dealmaking that take place outside the four corners of the transaction agreements but are no less important, including the economic and personal motivations of the various parties involved and the psychology and group dynamics of a deal process. As the deal world is an ever changing environment, we’ll look to bring current real world examples into the classroom. Students will engage in-class group practice assignments, including drafting (or “marking up”) transaction documents and preparing issues lists in the context of a prepared fact pattern. Subject matter experts from K&E will be presenting special topics, including financing strategies, navigating deal litigation and public disclosure issues.

This course is designed to give students an introduction to the real world experience of the dealmaking process, from the first contact between the parties to drafting and negotiating the documents that govern transformational corporate transactions. Over the course of the semester, we’ll break down the main agreements involved in a hypothetical deal with a view to developing a fundamental understanding of how those components interact with the overall business arrangement and deal dynamics. You will analyze and learn to understand how the key provisions of these transaction agreements are negotiated with a view to value maximization for the client and appropriate risk allocation among the parties to a deal. We will also discuss the less tangible aspects of dealmaking that take place outside the four corners of the transaction agreements but are no less important, including the economic and personal motivations of the various parties involved and the psychology and group dynamics of a deal process. As the deal world is an ever changing environment, we’ll look to bring current real world examples into the classroom. Students will engage in-class group practice assignments, including drafting (or “marking up”) transaction documents and preparing issues lists in the context of a prepared fact pattern. Subject matter experts from K&E will be presenting special topics, including financing strategies, navigating deal litigation and public disclosure issues.

This course is designed to give students an introduction to the real world experience of the dealmaking process, from the first contact between the parties to drafting and negotiating the documents that govern transformational corporate transactions. Over the course of the semester, we’ll break down the main agreements involved in a hypothetical deal with a view to developing a fundamental understanding of how those components interact with the overall business arrangement and deal dynamics. You will analyze and learn to understand how the key provisions of these transaction agreements are negotiated with a view to value maximization for the client and appropriate risk allocation among the parties to a deal. We will also discuss the less tangible aspects of dealmaking that take place outside the four corners of the transaction agreements but are no less important. Specifically, we’ll discuss the economic and personal motivations of the various parties involved and the psychology and group dynamics of a deal process. As the deal world is an ever changing environment, we’ll look to bring current real world examples into the classroom. Students will participate in both in-class and out-of-class group practice assignments, including drafting (or “marking up”) transaction documents and negotiating key issues in the context of a prepared fact pattern. Subject matter experts from K&E will be presenting special topics, including tax structuring for deals, financing strategies, navigating deal litigation and public disclosure issues.

This course will provide an introduction to litigating and navigating disputes between counterparties to merger and acquisition agreements. Led by Michael Holmes – who has successfully tried some of the most high-stakes Delaware M&A disputes of recent years – the course will cover the major doctrines, as well as strategic and tactical considerations. Aspiring transactional attorneys and litigators will develop a useful framework for understanding (and hopefully avoiding) areas of potential disputes. Business Associations is a recommended prerequisite.

There is no textbook. The instructors will assign cases, treatises, articles, and other reading materials on a module-by-module basis.