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

      210

      Product Code

      1620800

      Trim Size

      6x9

      Publication Date

      11/19/2020 12:00:00 AM

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