A creative exit strategy is sometimes the best defense for a manufacturer against potentially costly exposure to mass tort damages. While not every type of mass tort lends itself to a quick exit strategy, on occasion the litigation can be brought to a prompt and satisfactory resolution. However, it takes creative lawyering to appreciate and seize on these opportunities when they happen to arise.

For manufacturers involved in mass product liability actions, managing the sheer number of parties and their individual legal and factual issues can be daunting. Plaintiffs often pursue such claims individually, or on behalf of a class of similarly situated parties, in both federal and state courts, primarily against product manufacturers, designers and distributors. Various insurance companies and retailers also commonly face related liability or financial exposure.

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