The dog days of summer are upon us! With this issue, our focus shifts to one that often “dogs” us in serial and consolidated litigation: federal multi-district litigation. Our articles offer some insights into various aspects of MDLs, along with practical takeaways to use in new or existing litigations.
In To MDL or Not to MDL: That is the Question, we explore competing recommendations and rationales for clients to consider regarding the relative merits of supporting or opposing the creation of an MDL. “Consolidating Catherine” and “Standalone Stan” may add a few ideas to the decision making calculus, or highlight an opposing position not often considered.
Not every discovery loose-end is tied up by the multidistrict litigation statute. In Streamlining MDL Subpoena Practice, we describe the issue of document-only subpoenas in the context of centralized MDL proceedings then offer practical solutions for efficient outcomes. Along the way, we cover some potential pitfalls as well.
Weeding can be a frustrating summertime task, and that’s true of meritless claims as well. In Lone Pine Orders, we examine recent developments leveraging the device to combat maneuvering – or abuse – of the bellwether trial process. That’s encouraging news for supporters of Lone Pine orders.
While temperatures, daylight, and (for some of us) humidity are on the rise this summer, the stakes of our decisions in mass tort litigation can be as well. We hope this issue aids you in keeping the MDL “thermometer” lower.