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That mass tort litigation has emerged in recent decades to trouble and preoccupy the American legal system should hardly be surprising. The proliferation of mass litigation, in which many plaintiffs sue a common defendant or defendants, for injuries from the same accident, or from exposure to the same product or substance, reflects the increasingly collective nature of life in the second half of the twentieth century. Mass transit accidents and disasters in large hotels and other public buildings have killed hundreds of people. The mass production and use of dozens of industrial and consumer products-some involving ambitious technologies or engineering methods-have caused similar injuries to thousands, even tens of thousands of individuals. In many instances, the mass media has been the means by which potential plaintiffs have learned of the cause of their injuries, of the opportunity to bring suit, and of developments in lawsuits that have already been filed.' In turn, the publicity generated by new evidence on the causes of mass injuries, and by the resulting litigation, has attracted additional claimants, lawyers, experts, commentators, and even judges, raising the financial stakes of this litigation for all parties. Mass tort litigation will continue to preoccupy our legal system. Future technological development will produce not only new, unforeseen risks to public health and safety, but will also increase our ability to identify these dangers after they have caused injuries. Moreover, the experience of lawyers and judges in handling such cases increases the feasibility of future similar

Mass Justice: The Limited and Unlimited Power of Courts