Mass Tort Litigation.

Paul D. Rheingold Clark Boardman Callaghan/West Group PO. Box 64833 St. Paul, MN55164 756 pp., $165

Lawyer Paul Rheingold has written a book that a great many plaintiff lawyers will find useful. In 21 chapters, he has distilled the topics that distinguish mass tort from everyday personal injury litigation.

Each topic is addressed from the viewpoint of plaintiff counsel. For example, few other publications include detailed information concerning mass claims facilities, the legal ethics of settlement when many plaintiffs are involved, and the practicalities of class action and multidistrict litigation.

Rheingold has done an excellent job conceptualizing a thicket of legal doctrines. Under the rubric "Congregation of the Litigation," he analyzes the wide variety of scenarios that can occur within each procedural framework (for example, class action, multidistrict litigation). He explains how cases can be grouped for resolution of a single issue or resolution of all claims. In a similar vein, he describes and evaluates procedures by which "fewer than all claims" are tried to resolve more claims than those that are tried.

Another strength of the book is the case histories Rheingold provides. For instance, he reviews the history of a number of class actions and other mass torts. Not only does he assemble this information in one place, but he provides insight that would be difficult to glean from the reported opinions. In tracing the history of specific class actions, he describes positions of the proponents and opponents of various classes and the motivations of these actors.

The author is to be particularly commended for not withholding his point of view. Rheingold evaluates what was won and lost when classes were certified, not certified or decertified, settled, and tried. He does not shy away from saying that certain cases were weak and settled cheaply. He also does not shy away from the hard issues of fees and client relationships.

Indeed, the book brings the most troubling issues in mass torts to the fore. When discussing class actions, Rheingold directs his attention to fee disputes and the struggle for control among counsel and between counsel and the court. The book discusses valuable legal guideposts for practitioners, such as the need to disclose "sidebar" fee agreements in class actions to the court.

Having boldly assembled this hard-to-gather material, as well as having offered his own opinions in this most difficult area, Rheingold will inevitably face criticisms from those who do not agree with him about the details of a particular case or his judgments about it.

In addition to greatly expanding the citations, Rheingold could have improved the book by including sample forms, such as case management orders.

The author relies perhaps too heavily on Judge Jack Weinstein's law review article on the ethics of mass torts. For issues such as scientific evidence or liability theories when the plaintiff is unable to pinpoint a defendant (market share, alternative liability, and concerted action), the presentation could use more description, analysis, and footnotes to cases and treatises.

The book distills and assembles complex, if not daunting, material that is not easily researched elsewhere. As such, it is a valuable resource for those who handle these cases.