About the Author
The Rising Behemoth discusses the rise of multidistrict litigation (MDL) and the procedures courts have employed in such proceedings to facilitate their resolution. It can serve as an introduction to those new to MDLs or as a guide to those with more experience. It should be recommended reading for lawyers, judges, policymakers, and academics alike.
Log In to view your rate
Unlock the discounted member rate
Join first as a member, and then purchase this product at special member pricing
Over the last few decades, multidistrict litigation in the federal courts has exploded. Originally a mechanism for consolidating relatively small numbers of commercial cases, with the advent of large-scale mass tort litigation, it has become the primary vehicle for resolving hundreds of thousands of tort claims pending in the federal court system. From asbestos to opioids, MDL proceedings are now used to resolve many of the largest and most high-profile disputes. In recent years, however, participants in multidistrict litigation have expressed significant dissatisfaction. Defendants maintain that MDL proceedings attract large numbers of meritless claims and that many MDL courts are failing to provide sufficient scrutiny to the claims that are filed. As a result, defendants are overwhelmed with large numbers of meritless cases and face significant pressure to settle, providing compensation for many claims that should not have been filed in the first place.
From filing to resolution through litigation or settlement, The Rising Behemoth addresses each of the steps in large-scale MDL litigation in the federal courts. In the process, it significantly advances the debate regarding modern MDL practice and offers concrete suggestions for ways in which the system can be improved.
ABA Book Publishing
9781641057844
210
1620800
6x9
11/19/2020 12:00:00 AM
Publications | Book
Business Torts and Unfair Competition Handbook, Third Edition
Publications | Book
Toxic Tort Litigation, Second Edition
Audio and Video | On-Demand CLE
The Last Twelve Months: Ethics Developments and Legal Malpractice Avoidance
Audio and Video | On-Demand CLE
The Attorney-Client Privilege and Work Product Doctrine in Internal Investigations
Audio and Video | On-Demand CLE
The Need for an AI Use Policy for Law Firms and Clients
Oct
23
Events | In-Person
2025 Class Actions National Institute
ETHICS 60 min
Join us for trial tips, techniques, and best practices from the leading in-house counsel, defense counsel, and plaintiffs’ attorneys in the field. Learn about current class action decisions, recent S…
Jul
18
Events | In-Person
37th Annual Family Law Trial Advocacy Institute
ETHICS 60 min
The ABA Family Law Trial Advocacy Institute offers the nation’s preeminent family law trial skills experience. The University of Missouri at Kansas City will host the weeklong program taught by a ste…
Jul
01
Events | Webinar
When Pizzas Deliver a Threat of Intimidation: The Urgency of Defending Our Judiciary Against Attack
CLE 60 min
ABA Rule of Law in America Series | Join our sterling panel of judges for a discussion on how we can defend the impartial, independent judiciary that is democracy's bedrock.