Frances Bivens discusses mass tort litigation with Corporate Disputes
Davis Polk partner Frances Bivens discussed the key trends and developments in mass tort litigation with Corporate Disputes as part of the publication’s July-September 2025 issue.
In the Q&A, Frances noted that “one trend that has been developing over the last several years is state courts appointing receivers over mass tort defendants, both solvent and insolvent, that resist producing documents and other information regarding both liability and insurance coverage, for jurisdictional and other reasons.”
She also added that “PFAS litigation is on the rise and is one notable area where claims are increasing and where new claims continue to be brought. It is likely that this type of mass tort litigation will continue to evolve over the next few years, with new claims and new products being brought into litigation.”
When asked how she foresees the mechanics of mass tort litigation evolving in the months and years ahead, Frances said, “In the U.S., the mass tort system is already quite evolved, with multi-district litigation, mass tort bankruptcy schemes, experienced counsel, judges and mediators, specialized courts for very large mass torts like asbestos, and statutes to deal with nuclear power, wildfires and other mass torts raising public policy implications. Certain ‘judicial [problem areas]’ in the U.S. raise issues of tort reform to contain the size of verdicts or curb the use of punitive damages. While some steps may be taken, I don’t think we will see wholesale change to the system, like loser-pay rules or an end to the right to a jury trial.”