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 with Q&A

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Conducted on Thursday, October 29, 2009

Recorded event now available

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Course Materials

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.

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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?

Following the speaker presentations, you'll have an opportunity to get answers to your specific questions during the interactive Q&A.

Faculty

Mark Herrmann
Mark Herrmann
Partner
Jones Day

From Firestone tires to ephedra to Enron, he has defended many of the leading cases of our generation. He has defended...  |  Read More

C. Crews Townsend
C. Crews Townsend
Partner
Miller & Martin

He has a wide range of litigation experience primarily in the commercial and products liability areas. He currently...  |  Read More

Elizabeth J. Cabraser
Elizabeth J. Cabraser
Partner
Lieff Cabraser Heimann & Bernstein

She represent plaintiffs in class and group actions and in individual lawsuits in cases...  |  Read More

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