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Articles 1 - 13 of 13
Full-Text Articles in Law
Remanding Multidistrict Litigation, Elizabeth Chamblee Burch
Remanding Multidistrict Litigation, Elizabeth Chamblee Burch
Louisiana Law Review
The article focuses on the procedural, substantive, and communal benefits of remanding multidistrict litigation (MDL). Topics discussed include efforts of plaintiff's lawyer in increasing their fees by implementing various fee provisions in settlement, the views of Judge John G. Heyburn on remand of MDL, and the importance of remanding MDL cases in dispute resolution.
Centripetal Forces: Multidistrict Litigation And Its Parts, Catherine R. Borden, Emery G. Lee Iii, Margaret S. Williams
Centripetal Forces: Multidistrict Litigation And Its Parts, Catherine R. Borden, Emery G. Lee Iii, Margaret S. Williams
Louisiana Law Review
The article focuses on various issues related to multidistrict litigation (MDL). Topics discussed include the regulation of MDL proceedings under the Multidistrict Litigation Act of 1968, the role of the U.S. lawyers in centralized proceedings of tag-along cases, and the role of panel of judges in adjudicating MDL.
When Remand Is Appropriate In Multidistrict Litigation, Edward F. Sherman
When Remand Is Appropriate In Multidistrict Litigation, Edward F. Sherman
Louisiana Law Review
The article focuses on the need of remand in multidistrict litigation under the 1968 Multidistrict Litigation Act (MDL Act). Topics discussed include transfer of multiple cases with common facts to the same federal judge for pretrial proceeding under the MDL Act, transfer of cases without any consideration of personal jurisdiction, and the need of resolving MDL cases favoring aggregation.
Reforming The Consumer Class Action, Elizabeth Chamblee Burch
Reforming The Consumer Class Action, Elizabeth Chamblee Burch
Presentations and Speeches
Professor Elizabeth Chamblee Burch was part of a panel on Reforming the Consumer Class Action. This was part of a conference entitled: The Future of Class Action Litigation: A View From the Consumer Class that took place at the New York University School of Law on November 7, 2014
Common Benefit Fees In Multidistrict Litigation, Eldon E. Fallon
Common Benefit Fees In Multidistrict Litigation, Eldon E. Fallon
Louisiana Law Review
No abstract provided.
Considerations In Choosing Counsel For Multidistrict Litigation Cases And Mass Tort Cases, Stanwood R. Duval Jr.
Considerations In Choosing Counsel For Multidistrict Litigation Cases And Mass Tort Cases, Stanwood R. Duval Jr.
Louisiana Law Review
No abstract provided.
The Pesky Persistence Of Class Action Tolling In Mass Tort Multidistrict Litigation, Jeremy T. Grabill
The Pesky Persistence Of Class Action Tolling In Mass Tort Multidistrict Litigation, Jeremy T. Grabill
Louisiana Law Review
No abstract provided.
Case Time And Cost Management For Plaintiffs In Multidistrict Litigation, Leonard A. Davis, Philip A. Garrett
Case Time And Cost Management For Plaintiffs In Multidistrict Litigation, Leonard A. Davis, Philip A. Garrett
Louisiana Law Review
No abstract provided.
Morphing Case Boundaries In Multidistrict Litigation Settlements, Margaret S. Thomas
Morphing Case Boundaries In Multidistrict Litigation Settlements, Margaret S. Thomas
Journal Articles
The boundaries of federal multidistrict litigation (MDL) are blurring, as district courts seek innovative ways to facilitate global settlements to resolve multzjurisdictional, multidimensional, national mass torts. The techniques emerging from the district courts have mostly evaded appellate review and received little scholarly attention, but they raise important challenges to traditional understandings of the nature of MDL and complex litigation. This Article argues that factually similar cases proceeding in multiple court systems in mass tort disputes create a ''federalism problem "for global settlements: global settlements typically benefit from oversight by a single judge, but often there is no single judge who …
Remanding Multidistrict Litigation, Elizabeth Chamblee Burch
Remanding Multidistrict Litigation, Elizabeth Chamblee Burch
Scholarly Works
Multidistrict litigation has frequently been described as a “black hole” because transfer is typically a one-way ticket. The numbers lend truth to this proposition. As of 2010, the Judicial Panel on Multidistrict Litigation remanded only 3.425% of cases to their original districts. That number dwindled to 3.1% in 2012, and to a scant 2.9% in 2013. Retaining cases in hopes of forcing a global settlement can cause a constellation of complications. These concerns range from procedural justice issues over selecting a forum and correcting error, to substantive concerns about fidelity to state laws, to undermining democratic participation ideals fulfilled through …
Facilitative Judging: Organizational Design In Mass-Multidistrict Litigation, Jaime Dodge
Facilitative Judging: Organizational Design In Mass-Multidistrict Litigation, Jaime Dodge
Scholarly Works
Faced with the emerging phenomenon of complex litigation—from school desegregation to mass torts—the judiciary of the last century departed from the traditional, purely adjudicative role in favor of managerial judging, in which they actively supervised cases and even became involved in settlement talks. I argue that a similar transition in judicial role is now occurring. I contend that transferee judges are now stepping back from active participation in settlement discussions but playing a far greater role in structuring and administering the litigation. This new judicial role focuses on facilitating the parties’ resolution of the case, whether through settlement or remand …
It's Not Over 'Til It's Over: Mandating Federal Pretrial Jurisdiction And Oversight In Mass Torts, Tanya Pierce
It's Not Over 'Til It's Over: Mandating Federal Pretrial Jurisdiction And Oversight In Mass Torts, Tanya Pierce
Faculty Scholarship
In 2004, just five years after introducing the drug, Vioxx, pharmaceutical company, Merck, voluntarily withdrew the prescription pain-killer after a clinical study suggested that the drug increased the risk of heart attack and stroke. But in that relatively short time, an estimated 20 million Americans had already taken the drug. By late 2007, Merck announced it would pay $4.85 billion — the largest drug settlement ever — in “global settlements” for Vioxx-related claims. These settlements ultimately included roughly 47,000 individual lawsuits and about 265 potential class actions, but the Vioxx settlements were far from global.
In 2012, a purported parallel …
Remanding Multidistrict Litigation, Elizabeth Chamblee Burch
Remanding Multidistrict Litigation, Elizabeth Chamblee Burch
Elizabeth Chamblee Burch
Multidistrict litigation has frequently been described as a “black hole” because transfer is typically a one-way ticket. The numbers lend truth to this proposition. As of 2010, the Judicial Panel on Multidistrict Litigation remanded only 3.425% of cases to their original districts. That number dwindled to 3.1% in 2012, and to a scant 2.9% in 2013. Retaining cases in hopes of forcing a global settlement can cause a constellation of complications. These concerns range from procedural justice issues over selecting a forum and correcting error, to substantive concerns about fidelity to state laws, to undermining democratic participation ideals fulfilled through …