The Rising Behemoth: Multidistrict and Mass Tort Litigation in the United States

    By Douglas Smith

    The Rising Behemoth: Multidistrict and Mass Tort Litigation in the United States

    The Rising Behemoth: Multidistrict and Mass Tort Litigation in the United States

    By Douglas Smith

    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.

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    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.

    Product Details

    Authors

    Douglas Smith

    Sponsors

    ABA Book Publishing

    Publishers

    ABA Book Publishing

    ISBN

    9781641057844

    Page Count

    200

    Product Code

    1620800

    Trim Size

    6x9

    Publication Date

    11/19/2020 12:00:00 AM

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