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Multidistrict Litigation

456 published works

  1. The Contingency

    MDL Panel to Hear Transfer Motions July 31

    By Barry Barnett

    The Judicial Panel on Multidistrict Litigation will convene in the city by the bay on July 31.  Their task?  To do the important business of "centralizing" complex cases before individual…

  2. Mass Tort Defense

    MDL Court Holds To Pretrial Deadlines For Next Bellwether Case In Welding Fumes

    By Sean Wajert

    The MDL court in the In re Welding Fume Products Liability Litigation, MDL-1535 (N.D. Ohio) recently issued an interesting Order about mediation. Not

  3. Drug & Device Law

    From The Mouth of Plaintiffs’ Counsel . . .

    By Bexis

    We'll report here on one last thing that we heard at the ALI Mass Litigation conference in Charleston last month -- because they are words that should be in the…

  4. Drug & Device Law

    Why Congress Has Left Lexecon Alone

    By Bexis

    Lexecon v. Milberg Weiss, 523 U.S. 26 (1998), is, of course, the Supreme Court case that held that MDL transferee judges lack the power to try cases that were originally…

  5. Drug & Device Law

    On The MDL Panel and Transparency

    By Bexis

    There were a lot of hotshots at the ALI-ABA course on "Mass Litigation" in Charleston, SC, a couple of weeks ago.One of those hotshots mused that it's become awfully hard…

  6. Drug & Device Law

    The Limits of MDL Common Benefit Funds

    By Bexis

    After the MDL Panel coordinates a bunch of product liability cases, the transferee court is likely to appoint lead and liaison counsel for plaintiffs. Those lawyers often take the lead…

  7. Mass Tort Litigation Blog

    Recovering the Social Value of Jurisdictional Redundancy

    By joetort

    I just posted a piece that I wrote for the Tulane Law Review Symposium on the Problem of Multidistrict Litigation on bepress (download here) and SSRN (download here).   The piece…

  8. Civil Procedure & Federal Courts Blog

    MDL Transfer After Section 1404 Denial

    By Civil Procedure & Federal Courts Blog

    If a trial court denies a party's section 1404 venue-transfer motion, should that ruling preclude the Judicial MDL panel from transferring under section 1407?  Beck and Herrmann discussed the issue…

  9. Drug & Device Law

    MDL Transfer After Section 1404 Denial?

    By Bexis

    Here's a weird one:A party files a motion with a trial judge to transfer a case to a different venue. That motion is made under 28 U.S.C. Sec. 1404, for…

  10. The Contingency

    The Best Job in the Federal Judiciary

    By Barry Barnett

    Blawgletter argued a few weeks ago to a bench that few practicing lawyers know much about -- the U.S. Judicial Panel on Multidistrict Litigation.  Repeat appearers call it simply "the…