One size does not in fact fit all. Cookie cutters are
great for ensuring uniformity. The type of uniformity you
want on a beautiful dessert tray. Uniform size, shape, and
color appeal to the eye. It's precise. It's
inviting. And while the term "mass tort" may
conjure up the image of complaint after complaint stamped from the
same mold – in fact, personal injury mass torts are more like
good old-fashioned, homemade drop cookies. Think chocolate
chips. For the most part, they are all basically round.
Usually close in size. And most similar in taste. But
they are far from identical. They have bumpy edges and lumpy
surfaces. No two have the same number of chips. Some
are just a tad softer than others. Some fall apart as soon as
you pick them up. One can never be the clone of
another. That's the way complaints are in mass
torts. Overlap, similarities – sure. But if you
use cut and paste, you better make sure you're copying the
right thing.