“AI Platforms Can Help Product Liability Litigation Move Forward,” Bloomberg Law
publication | January 21, 2026
Bloomberg Law recently published an article authored by Hollingsworth LLP attorneys James Sullivan and Abigail Cahn-Gambino in which they discuss how AI platforms can help product liability litigation move forward.
Before new Rule 16.1 of the Federal Rules of Civil Procedure, thousands of plaintiffs too often sat for long periods in products liability multidistrict litigation with little known about their claims. But some MDL parties and judges are now tackling this challenge with artificial intelligence, data analytics, and automation.
Although Rule 16.1 does not expressly mention these developing technologies, such tools fit within the rule’s required discussion topics, including the requirement to discuss “how and when the parties will exchange information about the factual bases for their claims and defenses”; “discovery, including any difficult issues that may arise”; and “whether the court should consider any measures to facilitate resolving some or all actions before the court.”
In this regard, technological solutions can help MDL courts:
- ensure that plaintiffs’ claims meet basic requirements (such as having proof of product use and injury);
- gather, organize, and assess case inventory details and early plaintiff-specific discovery; and
- resolve pleading and disclosure deficiencies.
This is still a new application of AI technology, so it is imperative to review the pros and cons of this strategy with legal counsel as it pertains to each specific litigation. If deemed beneficial, parties should discuss these opportunities early in the litigation when considering early technology-enabled MDL census and/or plaintiff fact sheet programs, pleading/census/plaintiff fact sheet deficiency analyses, and other AI-enabled management strategies.
Reproduced with permission. Published January 15, 2026. Copyright 2026 Bloomberg Industry Group 800-372-1033.