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ARTICLE · 19 SEPTEMBER 2019

Court Tosses Cookie Cutter Allegations

One size does not in fact fit all. Cookie cutters are great for ensuring uniformity.

United StatesLitigation, Mediation & Arbitration

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.

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This article is presented for informational purposes only and is not intended to constitute legal advice.

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