Multi-District Litigation and Emerging State Coordination Procedures

Strategies for Plaintiffs and Defendants Responding to Aggressive Use of MDL

Recording of a 90-minute CLE webinar/teleconference with Q&A


Conducted on Thursday, October 29, 2009
Recorded event now available


This seminar will provide a thorough review of recent trends in multi-district litigation proceedings, analyze the effect of MDL on class action litigation, and discuss evolving state coordination efforts.

Description

There has been a sharp rise in MDL cases in recent years. Recent trends clearly indicate an aggressive use of the MDL Act, both in an increasing tendency to transfer cases and to resolve those cases in the transferee district.

Motions in proceedings that include a motion for class certification are the most likely to be granted. Transferee courts make certification rulings in a unitary fashion, sort out class representation, and avoid dueling federal court class actions.

The majority of cases transferred as part of an MDL do not return to the transferor court. Thus, pre-trial motion practice is critical in MDL proceedings, highlighting the importance of the evolving Twombly/Iqbal pleadings standards, motions for summary judgment and Daubert motions.

Listen as our panel of class action litigation specialists discusses trends in MDL litigation, the effect of MDL on class action litigation, and recent trends in state coordination efforts.

Outline

  1. Federal multi-district litigation
    1. Overview of MDL
    2. Strategic considerations
  2. State court coordination procedures
    1. Overview of key state coordination procedures
    2. Coordination of state cases with related federal MDL proceedings
  3. Effect of MDL and state coordination efforts on class action litigation

Benefits

The panel will review these and other key questions:

  • How has the Class Action Fairness Act affected consolidation of class action claims?
  • What are the effects of the federal MDL on related state court litigation?
  • What has been the impact of the recent Twombly/Iqbal decisions in the MDL context?

Faculty

Mark Herrmann, Partner
Jones Day, Chicago

From Firestone tires to ephedra to Enron, he has defended many of the leading cases of our generation. He has defended multi-district litigation and hundreds of class actions filed throughout the federal system and in most of the state courts systems. He is the author of Statewide Coordinated Proceedings: State Court Analogues to the Federal MDL Process.

C. Crews Townsend, Partner
Miller & Martin, Chattanooga, Tenn.

He has a wide range of litigation experience primarily in the commercial and products liability areas. He currently serves as national coordinating counsel for Chattem in the phenylpropanolamine (PPA) products liability litigation concentrated in MDL 1407. He has opposed class action certification attempts by plaintiffs asserting a variety of theories as part of this litigation.

Elizabeth J. Cabraser, Partner
Lieff Cabraser Heimann & Bernstein, San Francisco

She represent plaintiffs in class and group actions and in individual lawsuits in cases involving substantial losses in the areas of consumer protection, defective products, international and human rights, personal injury/torts, securities and financial. For the last six years, the National Law Journal has selected Lieff Cabraser as one of the top plaintiffs' law firms in the nation.

Ordering

Online CLE - Audio Recording

Includes audio streaming of full program plus handouts (available 24 hours after live seminar).

CLE: Pre-approved for participatory or non-traditional/alternate format credit in: CA, HI*, NY*, WV*. Pre-approved for self-study credit in: AK, AZ, MO, MT, TX, VT, WA.
Upon request, also available in: CO, CT*, FL, GA, ID, KY, LA*, ME, NC, ND, NE, NH, NM, NV, OR*, SC, TN, UT, WI*, WY. If you are applying for credit in one of these states, make sure to select those states when placing your order.
(*Indicates that Strafford must report attendance.)

Online CLE Audio $297.00
Available 24 hours after the live event

How does this work?


Recorded Event

Includes full event recording plus handouts (available after live seminar).

CLE: Pre-approved for self-study credit in: AK, AZ, CA, CT, HI, MO, MT, NY, TX, VT, WA, WV. Upon request, self-study credit is also available in: CO, FL, GA, ID, KY, ME, ND, NE, NH, NM, NV, OR, UT, WI, WY. If you are applying for self-study credit in one of these states, contact Strafford CLE at 1-800-926-7926 ext. 35 or CLE@straffordpub.com.

Webinar Download (Audio + Slide Presentation) $297.00
Available three business days after the live event

How does this work?

Webinar on DVD (Audio + Slide Presentation) $297.00 plus $9.45 S&H
Available ten business days after the live event

MP3 Download (Audio Only) $297.00
Available 24 hours after the live event

How does this work?

Teleconference on CD (Audio Only) $297.00 plus $9.45 S&H
Available ten business days after the live event

Webinar/Teleconference

Strafford webinars/teleconferences offer several options for participation: online viewing of speaker-controlled PowerPoint presentations with audio via computer speakers or via phone; or audio only via telephone (download speaker handouts prior to the program).  Please note that our webinars do not feature videos of the presenters.

Program Materials

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Program Materials

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Can't Attend the Live Program?

CLE Credit

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Customer Reviews

All of the speakers had a wide range of knowledge.

Kimberly Hayes

General Mills

Convenient and well-organized.  Well-run program.

Michael V. Kruljac

IMERYS

I received complicated information in an uncomplicated, concise and understandable manner.

Alice Mercado

Lemons, Grundy & Eisenberg

Speakers were knowledgeable enough to talk about the subject matter in an easily digestible manner.

Daniel M. Cleary

Gotham Insurance/New York Marine & General Insurance

The speakers included a significant number of best practices, which are critical to application of the law.

Deirdre J. Kamber

Fitzpatrick Lentz & Bubba

Class Action Law Advisory Board

Thomas Allen

Partner

Reed Smith

Steve Berman

Partner

Hagens Berman Sobol Shapiro

Brian Boyle

Partner

O'Melveny & Myers

H. Douglas Hinson

Partner

Alston & Bird

Daniel R. Karon

Partner

Goldman Scarlato & Karon

Robert S. Kitchenoff

Partner

Weinstein Kitchenoff & Asher

Neal R. Marder

Partner

Winston & Strawn

Michael McCluggage

Partner

Edwards Wildman Palmer

W. Ray Persons

Partner

King & Spalding

William B. Rubenstein

Professor

Harvard Law School

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