Yet again, SCOTUS is taking up issues that matter for mass tort cases. This time it granted cert to look at the constitutional law and jurisdiction issues tangled up when groups of “mass tort” cases are concentrated in one venue. The new issues arise out of pharma claims that do have more national overtones due to FDA, but the outcome seems highly likely to apply to some degree to all forms of mass tort claims, including of course asbestos. Bexis and SCOTUSblog have covered the topic in some depth, e.g. here, and here.
Two big picture comments. First, apparently there’s more time for mass tort issue when SCOTUS has only 8 jurists, and is missing a loud voice who provoked many views. Second, it’s always worth remembering at least one maxim: “be careful what you wish for.”