In recent years, multistate litigation1 has grown spectacularly in both cost and complexity. In
particular, the expense of mass tort litigation, which commonly involves dozens of closely …

On May 13, 1993, the American Law Institute approved the Proposed Final Draft of the
Complex Litigation Project, 1 and proposed it to the United States Congress for enactment …

One of the most frequent complaints about federal multidistrict litigation (MDL) today-
particularly in the mass tort context-is that it attracts large numbers of very weak or frivolous …

Large-scale litigation-related cases involving numerous parties and spanning multiple
forums-ranges from relatively simple multiparty accidents to vastly complex mass torts …

Abstract On March 30, 2001, a somewhat surprising discussion took place among two
judges, two plaintiffs' lawyers, a defense lawyer, and a legal scholar. The occasion was a …

The anniversary of major legislation creates an occasion to reflect on its accomplishments
and future direction. Now in its fiftieth year, the multidistrict litigation (MDL) statute, 28 USC § …

Scholars and commentators have long lamented vanishing trials, empty courtrooms, and the
rise of alternative dispute resolution. Aggregation-whether through class actions or, as is …

Given a string of decisions restricting the use and availability of the class action device, the
world of mass litigation may well be moving into a post-class action era. In this era, newer …

Large, wealthy, and well lawyered corporations often have far greater financial and legal
personnel resources than even a large state attorney general's office. Faced with the …

Several years ago, after I sat with Judge Sam Pointer at a hearing on breast implant
litigation, the Chief Justice of Pennsylvania quipped:" Can you tell me why a state judge from …