“Non-Compliant Episode 5: The One Where Elizabeth Chamblee Burch Takes on the Mass Tort Bar.”

“Non-Compliant Episode 5: The One Where Elizabeth Chamblee Burch Takes on the Mass Tort Bar.”

January 24, 2020

Mass torts are big business. From suits about defective hip implants, to claims that Big Pharma has injured or killed thousands of people, to litigation over the concussions suffered by football players, mass personal injury suits take up a significant portion of the federal and state dockets. And they often lead to tremendous results, with multi-billion-dollar settlements and industry-wide reforms. But law professor and author Elizabeth Chamblee Burch argues that all is not calm beneath the surface. In her electrifying new book, Mass Tort Deals: Backroom Bargaining in Multi-District Litigation (, Burch takes on the plaintiff’s bar over claims of self-dealing and hardball tactics. And she names names. In this episode of Non-Compliant, Burch demonstrates that she is not afraid of a robust conversation with Jay, who has spent two decades fighting corporate America, including through the multi-district litigation procedures. Heck, Jay is lead counsel in the NCAA concussion cases, litigating issues Burch writes about extensively. While Jay is happy to both concede that the plaintiff’s bar is far from perfect, he also pushes back at some of Burch’s underlying theories. This all makes for a fun and substantive conversation around a topic that is extremely under-reported.

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