Introduction Multidistrict litigation (MDL) is ascendant. As its creators predicted in the 1960s, MDL has become the centerpiece of the federal civil litigation system, handling pretrial proceedings in mass disputes of nearly all kinds. Whenever a national controversy finds its way into the federal courts, MDL stands ready to ensure that the complex and massive […] Continue Reading >
Diversity and Complexity in MDL Leadership: A Status Report from Case Management Orders
Diversity and Complexity in MDL Leadership: A Status Report from Case Management Orders
Introduction In October 2022, the Judicial Panel on Multidistrict Litigation (JPML) consolidated all the federal cases against Exactech—an orthopedics company that had just recalled hundreds of thousands of faulty knee, hip, and ankle replacements.[1] At first, the Exactech litigation looked like many other sprawling cases pending on the federal docket. The plaintiffs’ lawyers were old […] Continue Reading >
Introduction The first time I wrote about mass torts and aggregate litigation was as a scribe. The 1994 law that authorized use of the federal bankruptcy system to restructure asbestos liabilities also created a National Bankruptcy Review Commission.[1] Congress gave this Commission two years and a modest budget to study the American bankruptcy system and […] Continue Reading >
Diversity and Complexity in MDL Leadership: A Status Report from Case Management Orders