What is PEC in Mass Torts?

PEC stands for Plaintiffs’ Executive Committee, a group of attorneys appointed by the court to lead and manage the litigation on behalf of all plaintiffs in a mass tort or multidistrict litigation (MDL). The PEC coordinates strategy, conducts discovery, files motions, negotiates settlements, and communicates with the court.

This committee plays a central role in streamlining complex litigation involving hundreds or thousands of individual injury claims.

What does the Plaintiffs’ Executive Committee do?

The PEC functions as the leadership team for all plaintiffs in an MDL. Once appointed, the PEC is responsible for centralized decision-making, ensuring consistent representation across the board. Members divide responsibilities, such as handling expert discovery, briefing legal issues, organizing depositions, and preparing bellwether trials.

Their actions benefit all plaintiffs, even those represented by other law firms.

• Lead discovery efforts, including depositions and document production.

• Draft and file motions, briefs, and court submissions.

• Negotiate settlements or coordinate global resolution frameworks.

• Communicate with the court and defense counsel on behalf of plaintiffs.

How is the PEC selected in a mass tort case?

The PEC is appointed by the judge overseeing the MDL, typically early in the litigation process. Law firms interested in serving on the PEC must apply and demonstrate relevant experience, resources, and a willingness to collaborate. The court evaluates qualifications, prior leadership in mass torts, and diversity of representation.

A separate Plaintiffs’ Steering Committee (PSC) may also be appointed, with the PEC acting as the core leadership group within that larger body.

• Selected by the judge based on skill, resources, and case involvement.

• Firms apply and may present arguments for inclusion at leadership hearings.

• Judges aim for diverse, experienced, and cooperative leadership teams.

• PEC often includes lawyers from multiple firms across the U.S.

Why does the PEC matter to individual plaintiffs?

Even if a plaintiff is represented by a different attorney, the PEC’s work directly impacts their case. The PEC handles litigation that affects all plaintiffs, such as the development of the master complaint, global discovery, expert selection, and settlement structure. Their leadership ensures that the case moves forward efficiently and consistently.

Plaintiffs’ lawyers who are not on the PEC still benefit from the coordinated work product created by the committee.

• Drives case progress for all plaintiffs in the MDL.

• Negotiates global settlements that may include your claim.

• Sets strategy for bellwether trials, which shape outcomes for others.

• Creates common benefit work product shared across firms.

What is a common benefit fund and how does it relate to the PEC?

In many MDLs, the court establishes a common benefit fund to compensate PEC members for the time and resources they invest on behalf of all plaintiffs. A portion of each plaintiff’s recovery (often 3–6%) is allocated to this fund. This helps ensure fair reimbursement for firms doing the heavy lifting of litigation leadership.

Firms must track and submit time records to qualify for common benefit fees.

• PEC members are often compensated from a common benefit fund.

• Fund is funded through a small percentage of each plaintiff’s settlement or award.

• Prevents duplication of efforts, while promoting fairness.

• Court approves and audits the fund for transparency.

Conclusion

In mass tort litigation, the Plaintiffs’ Executive Committee (PEC) plays a vital leadership role. Appointed by the court, this group of experienced attorneys manages all key aspects of the case on behalf of thousands of injured plaintiffs. Whether coordinating discovery, negotiating settlements, or preparing trials, the PEC helps ensure a unified, effective approach to complex litigation.