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The more the merrier is not always true.  Ask any defendant in a trial that consolidates the claims of multiple plaintiffs.  The existence of multiple plaintiffs can conjure up an inference of guilt. If you are accused of hurting more than one person, that seems to increase the chance that the factfinder will conclude that

Photo of Stephen McConnell


From the defense perspective, the worst thing about a mass tort is that it is so … massive.  The more the merrier?  No way. The presence of multiple plaintiffs signals to the jury that something must be wrong with the product.  Don’t believe us?  We think there is research to support our dislike of consolidation