What is Bellwether Trial?
A representative trial selected from a group of similar cases in mass tort or multidistrict litigation that is tried first to help gauge the likely outcomes and settlement values of the remaining cases.
Understanding Bellwether Trial
Bellwether trials serve as test cases that provide both sides with valuable information about how juries will react to the evidence, what damages are likely, and what arguments are most effective. The results often drive global settlement negotiations. While bellwether verdicts are not binding on other cases in the litigation, they strongly influence the resolution of thousands of similar claims.
Examples
- 1First trial in an MDL involving defective medical devices resulting in a large verdict
- 2Bellwether trial in pharmaceutical litigation establishing value range for settlements
- 3Three bellwether cases selected to represent different injury severity levels
Related Terms
Multidistrict Litigation
A federal procedure that consolidates similar civil lawsuits filed in different federal districts into a single court for coordinated pretrial proceedings such as discovery and motions.
Class Action
A type of lawsuit in which one or more plaintiffs file and pursue a case on behalf of a larger group of people who have similar claims against the same defendant.
Settlement
An agreement between parties to resolve a legal dispute without going to trial. Settlements typically involve the defendant paying the plaintiff an agreed-upon sum in exchange for dropping the lawsuit.
Verdict
The formal decision or finding made by a jury (or judge in a bench trial) on the questions of fact submitted to them during a trial.
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