The Rise of “Empty Suit” Litigation™: Where Should Tort Law Draw The Line? - Podcast

In The Rise of “Empty Suit” Litigation™: Where Should Tort Law Draw The Line?, Victor E. Schwartz discusses the need to stop all litigation where an individual or class action plaintiff has suffered no real harm, physical, emotional or economic. In his article, Schwartz criticizes finding liability for the estimated cost of medical monitoring following exposure to a potentially harmful substance absent a physical injury. He also examines class action litigation claiming that a product’s actual value was lower than the purchase price, or that the resale value of a product diminished because of an alleged latent defect, even when the product functioned properly for most or all consumers. Of course, he also addresses both individual claims where there has been no real injury, or economic loss and class actions that rely on speculative or expert-driven theories of harm or damages. Mr. Schwartz explained his article in greater depth and answered questions from our audience.

Featuring:

• Victor E. Schwartz, Partner, Shook, Hardy & Bacon L.L.P.