Ascendancy and Concentration of MDLs (PDF)

Lawyers are increasingly turning to the MDL procedural vehicle to dispose of mass torts. Many judges favor the use of MDLs as case-management tool. Defendants favor MDL because it is an effective tool to dispose of cases by means of "global settlements," without overwhelming transactional costs that would incur if separate cases. Plaintiffs favor MDLs because more cases can be filed, litigated, and resolved. Is this healthy for the system?
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ISBN: 9781422429983
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Lawyers are increasingly turning to the MDL procedural vehicle to dispose of mass torts. Many judges favor the use of MDLs as case-management tool. Defendants favor MDL because it is an effective tool to dispose of cases by means of "global settlements," without overwhelming transactional costs that would incur if separate cases. Plaintiffs favor MDLs because more cases can be filed, litigated, and resolved. Is this healthy for the system?

 

John K. Rabiej is the Director of the Duke Law Center for Judicial Studies. Before that he was Executive Director, Director of Judicial Outreach, of The Sedona Conference. For 19 years, he was the Chief of the Rules Committee Support Office, Administrative Office of the United States Courts. The views expressed by Mr. Rabiej do not necessarily represent the official positions of the Duke Law Center for Judicial Studies.

 

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