Earlier this month, I wrote about the class-action provisions of the new Fairness in Class Action Litigation Act, which has passed out of the Judiciary Committee and is headed for a floor vote in the House. At the end of that post, I promised a further explanation of the mass action provisions as well.
Should MDL Judges Act More Like Class Action Judges?
By The Editors on
Posted in Class Action, Scholarship
Class actions are not the only form of aggregate litigation. Multi-district litigation (“MDL”), the process by which large numbers of smaller lawsuits are consolidated before a single judge for pretrial purposes, without requiring any kind of certification process, has been around since 1968. And, as courts have demanded more rigor for Rule 23 certification, MDLs
…
Forum-shopping in MDL Cases: Where Do Consolidated Cases Go?
By The Editors on
Posted in Motions Practice
Multi-district litigation is becoming more and more common in class actions, and has added another strategic dimension to the cases.
For plaintiffs it adds the question of which law firm should lead the consolidated litigation.
And, as should be clear by now, that is no small question for plaintiffs.
But the other issue it…