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In this episode of S&C's Critical Insights, Bill Monahan, Head of S&C's Products Liability & Mass Torts Group, and Shane Palmer, an associate in the Firm's Litigation Group, examine the new proposed Rule 16.1 of the Federal Rules of Civil Procedure, which the Judicial Conference of the United States' Advisory Committee on Civil Rules recently voted to adopt as the first rule governing multidistrict litigation. They discuss the original proposal for Rule 16.1 that was published last year, the defense and plaintiffs bars' reaction to the proposed rule, and the final proposed rule that was adopted last month and its implications for MDLs. Since Congress passed the Multidistrict Litigation Act in 1968 and created the MDL process, there have been no specific rules dictating how judges should manage MDLs, beyond the Federal Rules of Civil Procedure that apply in every federal civil case. In 2017, the Advisory Committee established an MDL Subcommittee to consider whether new rules should be added to address the unique challenges of MDLs. Rule 16.1, which is designed to guide MDL courts in addressing the various and complex issues unique to MDL proceedings, is the first proposed rule to come out of the MDL Subcommittee's efforts.
Sarah and David invite District Judge Vince Chhabria on the pod to explain the state of multidistrict litigation and answer the question: Why does he listen to Advisory Opinions? The Agenda: —Justice Breyer's jurisprudence —Judging vs. personal value judgments —David's cringe a cappella group name —Constitutionality of magistrate judges —How to fix forum shopping —MDLs, explained —The pros and cons of MDLs —How to become a judge —Judge Chhabria's clerk hiring process Learn more about your ad choices. Visit megaphone.fm/adchoices
BakerHostetler represents clients in high-stakes multidistrict litigation across the country. MDLephant: What's Big in MDL Litigation? explores key aspects of these high-stakes cases, and what the future holds in store. This episode discusses the Federal Rules Advisory Committee's new proposed Rule 16.1, the challenges of creating comprehensive MDL rules, and the benefits and shortcomings of the proposed Rule.For more information, contact BakerHostetler's Commercial Litigation Team.Questions and comments: gketeltas@bakerlaw.com and kcutts@bakerlaw.com.
In this episode, Kathryn welcomes Jayne Conroy, a plaintiff's attorney at Simmons Hanly Conroy LLC, to talk about the risks and rewards of being a plaintiff's attorney, and how MDLs work, and offers advice to younger lawyers interested in similar cases. She stresses the importance of being curious and open to learning new things, recognizing the workload, and having patience. Who's The Guest? Jayne Conroy is a plaintiff's attorney at Simmons Hanly Conroy and oversees practice areas in the Complex Litigation Department. With more than 30 years of experience in her legal career, Jayne has earned a superb national reputation as an elite trial lawyer, skilled strategist, and decisive negotiator. She helped secure billions of dollars in verdicts and settlements for individuals, families, and courtrooms around the world. Episode Resources https://www.ali.org/members/member/221397/ https://www.simmonsfirm.com/ Episode Highlights From Pre-Med to Law: Why Jayne decided to switch to law school What it looks like being a plaintiff lawyer before How she used her medical background in her law career What it looks like to be a plaintiff lawyer The risks of being a plaintiff lawyer Balancing the competing sides and the risks of being a plaintiff lawyer Getting involved in hard-to-resolve cases Multidistrict litigation: How it works Highs and lows of the plaintiff's side work Episode Sponsored By https://www.lexisnexis.com/lexisplus Subscribe, Share, and Review To get the next episode subscribe with your favorite podcast player. Subscribe with Apple Podcasts Follow on Spotify Leave a review on Apple Podcasts
Multidistrict litigation was roiled last week with a surprising bankruptcy decision. Drew Dawson explains. Recorded on August 31, 2022.
In this episode, Jennifer Sturiale, Climenko Fellow and Lecturer on Law at Harvard Law School, discusses her articles "A Balanced Consideration of the Federal Circuit's Choice of Law Rule," which will be published in the Utah Law Review, and "The Unseen Force in Civil Litigation: The Chief Justice's Appointment of the Judicial Panel on Multidistrict Litigation." Sturiale begins by explaining that the Federal Circuit has exclusive jurisdiction over cases that include patent claims and counterclaims, among other things. She also explains what choice of rules are, and describes the choice of law rule unique to the Federal Circuit. She observes that the Federal Circuit wanted to create intercircuit consistency, but did so at the expense of intracircuit consistency. She considers different ways of resolving the problem, weighing their benefits and costs. She also discusses the role of the Chief Justice in appointing the members of the Judicial Panel on Multidistrict litigation, and explains why it might also create choice of law problems. Sturiale's scholarship is available on SSRN.This episode was hosted by Brian L. Frye, Spears-Gilbert Associate Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye. See acast.com/privacy for privacy and opt-out information.
Multidistrict litigation has been the subject of much controversy in recent years. Defendants lament the pressure to settle claims that they believe frequently lack merit and the inefficiencies of modern multidistrict litigation. In her recent book, Mass Tort Deals: Backroom Bargaining in Multidistrict Litigation, Professor Elizabeth Chamblee Burch marshals a wide array of empirical data to suggest that a systematic lack of checks and balances may disadvantage plaintiffs in multidistrict litigation as well. Rather than faithfully representing them, she asserts that plaintiffs’ lawyers may sell them out in backroom settlements that compensate lawyers handsomely, pay plaintiffs little, and deny them the justice they seek. Please join Professor Elizabeth Chamblee Burch and Douglas Smith for a discussion of this important book.Featuring: -- Prof. Elizabeth Chamblee Burch, Fuller E. Callaway Chair of Law, University of Georgia School of Law and author of Mass Tort Deals: Backroom Bargaining in Multidistrict Litigation (Cambridge University Press 2019)-- Douglas Smith, Partner, Kirkland & Ellis LLP
Multidistrict litigation has been the subject of much controversy in recent years. Defendants lament the pressure to settle claims that they believe frequently lack merit and the inefficiencies of modern multidistrict litigation. In her recent book, Mass Tort Deals: Backroom Bargaining in Multidistrict Litigation, Professor Elizabeth Chamblee Burch marshals a wide array of empirical data to suggest that a systematic lack of checks and balances may disadvantage plaintiffs in multidistrict litigation as well. Rather than faithfully representing them, she asserts that plaintiffs’ lawyers may sell them out in backroom settlements that compensate lawyers handsomely, pay plaintiffs little, and deny them the justice they seek. Please join Professor Elizabeth Chamblee Burch and Douglas Smith for a discussion of this important book.Featuring: -- Prof. Elizabeth Chamblee Burch, Fuller E. Callaway Chair of Law, University of Georgia School of Law and author of Mass Tort Deals: Backroom Bargaining in Multidistrict Litigation (Cambridge University Press 2019)-- Douglas Smith, Partner, Kirkland & Ellis LLP
* Use coupon code PODCAST25 for 25% off this webcast * Webcast URL: https://www.theknowledgegroup.org/webcasts/multidistrict-litigation/ Join us for this Knowledge Group Online CLE Mass Tort Multidistrict Litigation Webinar. Multidistrict litigation (MDL) is a special case management procedure in which federal civil lawsuits are consolidated before a single court for harmonized pre-trial proceedings, thus improving efficiency. As mass tort MDL filings continue to grow rapidly, businesses of all sizes in many industries are now more exposed to potentially large-scale cases. Also, along with MDL's widespread use is the emergence of various concerns, particularly the meritless claim problem. Now, more than ever, counsel to companies should be in the know of the latest MDL trends and issues in order to devise effective case management strategies and overcome current and potential challenges. Join a panel of key thought leaders and attorneys assembled by The Knowledge Group as they bring the audience to a road beyond the basics of defending against MDL and as they delve into an in-depth analysis of the current trends and recent court rulings. Speakers will also provide the audience with practical strategies in bringing out the best in these lawsuits in a rapidly evolving legal climate. For any more information please click on the webcast URL at the top of this description.
Host Sean Harris talks with OAJ member Steve Babin about Mass Torts and multidistrict litigation.
There have now been over 1,300 opioid lawsuits filed by states, cities, countries, Native American tribes and labor unions throughout our country. The New York Times said resolving these lawsuits could be the most daunting legal challenge our nation has faced. Last December all the opioid cases filed in federal court across the country were consolidated into what’s called multidistrict litigation or an MDL, to be presided over by a single judge in Cleveland, Ohio and his name is Judge Dan Polster. Today’s podcast features excerpts of community forum where Judge Polster spoke at the Siegal Lifelong Learning Program. He discusses the challenges of assigning responsibility and calculating damages. If cases are not settled under the MDL, they go back to their districts of origin. If a settlement is reached, the money goes towards funding recovery and to help communities offset the millions of dollars expended fighting the opioid crisis across our country. Tune in to this podcast to learn how settlement in these historic proceedings could fund America’s recovery for years to come.
Joe Jerome: An overview of GDPR requirements (Ep. 130) Bio Joseph Jerome (@joejerome) is a Policy Counsel on CDT's Privacy & Data Project. His work focuses on the legal and ethical questions posed by smart technologies and big data, and he is interested in developing transparency and accountability mechanisms and procedures around novel uses of data. Prior to joining CDT, Joe was an associate in the cybersecurity and privacy practice of a major law firm. His practice focused on advertising technologies and privacy compliance in the health and financial sectors. Additionally, he worked on a wide range of consumer privacy issues at the Future of Privacy Forum and has written articles about data ethics, trust in the online gig economy, and emerging technologies in video games. Joe has a J.D. from the New York University School of Law, where he was an International Law and Human Rights Student Fellow, and a B.A. from Boston University. Resources enter for Democracy and Technology (CDT) Top 10 operational impacts of the GDPR (via IAPP) Top 10 operational responses to the GDPR (via IAPP) Security, Privacy & Tech Inquiries Blog by Lukasz Olejnik World without Mind by Franklin Foer News Roundup Trump fails to act on Russian cyberattacks U.S. Cyber Command head Admiral Mike Rogers told the Senate Armed Services Committee that President Trump has yet to give an order to implement measures that would prevent further Russian cyberattacks. This is despite reports last week of Russia's deepening efforts to interfere with American politics. For example, the House Committee on Science, Space and Technology released a report saying that between 2015 and 2017, accounts on social media that were linked to Russian propagandists, tried to influence policies that would undermine U.S. efforts to sell natural gas in Europe where Russia has considerable market share. Also, Reddit reported that thousands shared Russian propaganda on its site, prompting demands for more answers from the Senate Intelligence Committee, which is also investigating Tumblr. Special Counsel Robert Mueller is also said to be pursuing a case against Russians who conducted cyberattacks against Democrats during the 2016 election. These charges would be in addition to the ones Mueller has already brought against Russians accused of spreading propaganda on social media, according to NBC News' Ken Dilanian. But despite the absence of specific directives from the White House to U.S. Cyber Command, Director of National Intelligence Dan Coats claimed before the Senate Armed Services Committee on Tuesday that the White House is taking a “whole government approach” under which the president has tasked the 17 agencies Mr. Coats oversees with addressing the Russian cyber threat. John Bowden at the Hill reported that Russians also collected Americans' personal data from social media platforms during the 2016 campaign. On Monday top Democrats including Chuck Schumer, Nancy Pelosi, and Dianne Feinstein wrote a letter to President Trump urging him to extradite the 13 Russian nationals FBI Special Counsel Robert Mueller indicted last month for allegedly using social media to interfere with the 2016 presidential election. Russian President Vladimir Putin has stated that the extradition would never happen. Ninth Circuit will hear consolidated net neutrality appeal The Ninth Circuit Court of Appeals, which is based in San Francisco, will hear the multidistrict litigation initiated by 22 state attorneys general to appeal the Federal Communications Commission's decision to repeal the Obama-era net neutrality rules. The U.S. Judicial Panel on Multidistrict litigation chose the Ninth circuit at random. Trump blocks Broadcom acquisition of Qualcomm President Trump has blocked Singapore tech giant Broadcom's acquisition of Qualcomm, citing national security concerns. At $117 billion, the merger of the two chipmakers would have been the biggest tech deal in history. The Verge reports that Broadcom is in the process of moving its headquarters to the U.S. by April 3rd. Twitter cracks down on ‘Tweetdeckers Twitter purged several accounts for “tweetdecking”, a violation of Twitter's spam policy in which users mass tweet each other's tweets using platforms like Tweetdeck. Some of the accounts that were suspended had millions of followers. A new MIT study also released last week found that fake news travels some 6 times faster on Twitter than the truth. White House holds video game violence meeting Harper Neidig at the Hill reported on the White House's meeting with video game industry representatives. The president convened the behind-closed-doors meeting to discuss the role of video games in promoting mass shootings. In attendance were representatives from the Parents Television Council, Entertainment Software Association, as well as executives from game makers Rockstar and ZeniMax. The Verge reported that the meeting was largely unproductive and Activision announced the release of its latest ‘Call of Duty' installment on the same day the White House meeting took place. FBI paid Geek Squad employees to inform on Child Pornography Laurel Wamsley at NPR reported that the FBI paid informants at Best Buy's computer repair service unit Geek Squad to flag child pornography found on their customers' computers.The Electronic Frontier Foundation sued the FBI last year about these searches and the new documents illustrate more about the nature of the relationship between the FBI and Geek Squad. FBI Agent Tracey Riley testified in a Jefferson County Kentucky Circuit Court last week confirming that that FBI agents paid Geek Squad workers in a Best Buy store in Kentucky when they found child pornography. FCC Proposes $1 billion for Caribbean hurricane recovery efforts FCC Chairman Ajit Pai proposed over $1 billion in funding to aid in the recovery of communications networks in Puerto Rico and the Virgin Islands. Sixty-four million would go immediately towards restoring networks. The rest, or $954 million, would go towards longer-term projects to enhance broadband networks in the Caribbean. Harper Neidig reports in the Hill. Congressional Black Caucus pushes tech on lobbying diversity The Congressional Black Caucus wrote a letter to the Internet Association, CTIA, NCTA and US Telecom urging them to hire and retain more black lobbyists given African-Americans' widespread use of mobile devices. White House joins push for internet sales tax The White House is joining in states' push for the Supreme Court to overturn a 1992 precedent, Quill Corp. v. North Dakota, that held that many online retailers don't have to add sales tax to the prices their customers pay. Thirty-five states support overturning the decision. Online retailers who oppose doing so claim that it would be too onerous to collect taxes from fifty different states. Jess Bravin reports for the Wall Street Journal. Number of Americans affected by Equifax breach keeps growing Equifax's interim Chief Executive Paulino do Rego Barros Jr. announced on Thursday that an additional 2.4 million consumers were affected by their massive data breach last year. It brings the total up to 147.9 million. Brian Fung reports in the Washington Post. House reauthorizes the FCC The House voted to reauthorize the Federal Communications Commission with legislation that seeks to develop 5G networks and invest funds for the spectrum incentive auction. If the bill passes Congress, it will be the first time since 1990 that Congress has reauthorized the Commission. Harper Neidig reports in the Hill. Amazon offering 54 percent discount to Medicaid recipients Amazon announced last week that, for Medicaid recipients only, it would cut the monthly Prime subscription down to $5.99 per month. This is $7.00 less than the standard $12.99 fee. The move is seen as an effort by Amazon to attract Walmart customers. MIT study finds Uber & Lyft drivers earn less than minimum wage A new MIT study found that Uber and Lyft drivers earn less on average that minimum wage workers. The report found a median profit of $3.37 per hour before taxes. Ashley May has the report in USA Today.
Multidistrict litigation (“MDL”) accounts for nearly half of all civil cases in federal courts. Although MDLs were designed to be efficient mechanisms for “coordinated or consolidated pretrial proceedings,” in some instances they have become one-sided forums known for lacking the basic protections afforded to all other cases by the Federal Rules of Civil Procedure (FRCP), the Federal Rules of Evidence and appellate review.Featuring:John Beisner, Partner, Skadden Arps LLPBrian Jackson, Partner, Butler Snow LLPChris Seeger, Founding Partner, Seeger Weiss LLPJonathan D. Selbin, Partner, Lieff Cabraser Heimann & Bernstein, LLPModerator: Jeffrey B. Clark, Partner, Kirkland & Ellis LLP
Multidistrict litigation (“MDL”) accounts for nearly half of all civil cases in federal courts. Although MDLs were designed to be efficient mechanisms for “coordinated or consolidated pretrial proceedings,” in some instances they have become one-sided forums known for lacking the basic protections afforded to all other cases by the Federal Rules of Civil Procedure (FRCP), the Federal Rules of Evidence and appellate review.Featuring:David Bernick, Partner, Paul Weiss LLPHonorable Eduardo Robreno, U.S. District Court, Eastern District of PennsylvaniaChris Seeger, Founding Partner, Seeger Weiss LLPAndrew J. Trask, Senior Counsel, McGuireWoods LLPModerator: Doug Smith, Partner, Kirkland & Ellis LLP
Multidistrict litigation (“MDL”) accounts for nearly half of all civil cases in federal courts. Although MDLs were designed to be efficient mechanisms for “coordinated or consolidated pretrial proceedings,” in some instances they have become one-sided forums known for lacking the basic protections afforded to all other cases by the Federal Rules of Civil Procedure (FRCP), the Federal Rules of Evidence and appellate review.Featuring:Malini Moorthy, Vice President & Associate General Counsel, BayerTimothy A. Pratt, Executive Vice President & General Counsel, Boston Scientific CorporationDan Troy, Senior Vice President & General Counsel, GSKModerator: Prof. Brian Fitzpatrick, Professor of Law, Vanderbilt University School of Law
Multidistrict litigation (“MDL”) accounts for nearly half of all civil cases in federal courts. Although MDLs were designed to be efficient mechanisms for “coordinated or consolidated pretrial proceedings,” in some instances they have become one-sided forums known for lacking the basic protections afforded to all other cases by the Federal Rules of Civil Procedure (FRCP), the Federal Rules of Evidence and appellate review.Featuring:Prof. Jaime Dodge, Director, The Institute for Complex Litigation & Mass Claims, Emory Law SchoolProf. Maria Glover, Associate Professor of Law, Georgetown Law CenterProf. Francis McGovern, Professor of Law, Duke Law SchoolKate Comerford Todd, Former Senior Vice President & Chief Counsel, U.S. Chamber Litigation CenterModerator: Mary Nold Larimore, Partner, IceMiller LLP
Multidistrict litigation (“MDL”) accounts for nearly half of all civil cases in federal courts. Although MDLs were designed to be efficient mechanisms for “coordinated or consolidated pretrial proceedings,” in some instances they have become one-sided forums known for lacking the basic protections afforded to all other cases by the Federal Rules of Civil Procedure (FRCP), the Federal Rules of Evidence and appellate review.Featuring:Malini Moorthy, Vice President & Associate General Counsel, BayerTimothy A. Pratt, Executive Vice President & General Counsel, Boston Scientific CorporationDan Troy, Senior Vice President & General Counsel, GSKModerator: Prof. Brian Fitzpatrick, Professor of Law, Vanderbilt University School of Law
Multidistrict litigation (“MDL”) accounts for nearly half of all civil cases in federal courts. Although MDLs were designed to be efficient mechanisms for “coordinated or consolidated pretrial proceedings,” in some instances they have become one-sided forums known for lacking the basic protections afforded to all other cases by the Federal Rules of Civil Procedure (FRCP), the Federal Rules of Evidence and appellate review.Featuring:David Bernick, Partner, Paul Weiss LLPHonorable Eduardo Robreno, U.S. District Court, Eastern District of PennsylvaniaChris Seeger, Founding Partner, Seeger Weiss LLPAndrew J. Trask, Senior Counsel, McGuireWoods LLPModerator: Doug Smith, Partner, Kirkland & Ellis LLP
Multidistrict litigation (“MDL”) accounts for nearly half of all civil cases in federal courts. Although MDLs were designed to be efficient mechanisms for “coordinated or consolidated pretrial proceedings,” in some instances they have become one-sided forums known for lacking the basic protections afforded to all other cases by the Federal Rules of Civil Procedure (FRCP), the Federal Rules of Evidence and appellate review.Featuring:Prof. Jaime Dodge, Director, The Institute for Complex Litigation & Mass Claims, Emory Law SchoolProf. Maria Glover, Associate Professor of Law, Georgetown Law CenterProf. Francis McGovern, Professor of Law, Duke Law SchoolKate Comerford Todd, Former Senior Vice President & Chief Counsel, U.S. Chamber Litigation CenterModerator: Mary Nold Larimore, Partner, IceMiller LLP
Multidistrict litigation (“MDL”) accounts for nearly half of all civil cases in federal courts. Although MDLs were designed to be efficient mechanisms for “coordinated or consolidated pretrial proceedings,” in some instances they have become one-sided forums known for lacking the basic protections afforded to all other cases by the Federal Rules of Civil Procedure (FRCP), the Federal Rules of Evidence and appellate review.Featuring:John Beisner, Partner, Skadden Arps LLPBrian Jackson, Partner, Butler Snow LLPChris Seeger, Founding Partner, Seeger Weiss LLPJonathan D. Selbin, Partner, Lieff Cabraser Heimann & Bernstein, LLPModerator: Jeffrey B. Clark, Partner, Kirkland & Ellis LLP