Insight Center: Publications

Early Assessment of Claims Can Help Reduce the MDL Tax

Authors: Christopher P. Gramling, Matthew J. Hamilton, Mary Margaret Spence and Jason A. Kurtyka

March 2020
Early Assessment of Claims Can Help Reduce the MDL Tax

This article was published in the March 2020 issue of the Washington Legal Foundation Critical Legal Issues Working Paper Series. It is reprinted here with permission.

Summary: Defense counsel must educate courts on the asymmetrical burdens multidistrict litigation (MDL) imposes on MDL defendants, urge MDL judges to use existing techniques to vet plaintiffs’ claims, and advocate for civil rules revisions that can help the aggregation device meet its original goal of a just and efficient determination of litigation.

Note: WLF submitted this Working Paper along with a letter to the Administrative Office of the United States Courts‘ Committee on Rules of Practice and Procedure, which is evaluating proposals for new civil procedure rules for multidistrict litigation.

Download a PDF of the article >

The material in this publication was created as of the date set forth above and is based on laws, court decisions, administrative rulings and congressional materials that existed at that time, and should not be construed as legal advice or legal opinions on specific facts. The information in this publication is not intended to create, and the transmission and receipt of it does not constitute, a lawyer-client relationship.

Data protection laws have changed, so we have revised our Privacy Policy.