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Judging Multidistrict Litigation, Elizabeth Chamblee Burch
Judging Multidistrict Litigation, Elizabeth Chamblee Burch
Presentations and Speeches
Professor Elizabeth Chamblee Burch presented "Judging Multidistrict Litigation" at Duke University School of Law's Mass-Tort MDL Program for Judicial Conference Committees on October 8, 2015.
Judging Multidistrict Litigation, Elizabeth Chamblee Burch
Judging Multidistrict Litigation, Elizabeth Chamblee Burch
Scholarly Works
High-stakes multidistrict litigations saddle the transferee judges who manage them with an odd juxtaposition of power and impotence. On one hand, judges appoint and compensate lead lawyers (who effectively replace parties’ chosen counsel) and promote settlement with scant appellate scrutiny or legislative oversight. But on the other, without the arsenal class certification once afforded, judges are relatively powerless to police the private settlements they encourage. Of course, this power shortage is of little concern since parties consent to settle.
Or do they? Contrary to conventional wisdom, this Article introduces new empirical data revealing that judges appoint an overwhelming number of …