MDLs May Finally Get a Federal Rule: The Morning Minute
The news and analysis you need to start your day.
March 30, 2023 at 06:00 AM
4 minute read
Want to get this daily news briefing by email? Here's the sign-up.
|
WHAT WE'RE WATCHING
DOCKET DIRECTIONS - Nearly 400,000 lawsuits now in federal courts are part of multidistrict litigation proceedings. Still, until this week, there were no specific rules on how judges should manage the giant dockets, some of which have thousands of cases. As Law.com's Amanda Bronstad reports, the Advisory Committee on Civil Rules voted to recommend the first rule to govern multidistrict litigation. The committee dramatically scaled back Federal Rule of Civil Procedure 16.1 from several earlier proposals. However, if approved, the draft rule would provide guidance, particularly to judges, many of whom are new to multidistrict litigation. "It's a very significant step forward," said Alex Dahl, general counsel of the Lawyers for Civil Justice, which has advocated for an MDL rule for years. The committee's recommendation goes to a standing committee that could decide in June whether to publish it for public comment. If published, there will be six months to provide public comments about the rule, beginning in August.
SLOW AND UNSTEADY - All eyes may be trained on the actions of the grand jury mulling a historic indictment of former President Donald Trump, but any perceived delays are likely just procedural happenstance, former prosecutors told Law.com's Emily Saul. "The grand jury works in fits and starts," said Karen Friedman Agnifilo, who previously served as Chief Assistant District Attorney of the Manhattan DA's Office and worked there for decades. "It's not like a trial where it goes in a particular schedule or a particular order." John Moscow, a 30-year veteran prosecutor at the Manhattan DA's Office, agrees. Now Senior Counsel at Lewis Baach Kaufmann Middlemiss, Moscow mused on the logistical difficulty of getting 23 people together in the first place, let alone the 16-person quorum needed to indict. "Anyone who's ever tried to plan a party would understand," he chuckled.
ON THE RADAR - Tesla was slapped with an antitrust class action Wednesday in California Northern District Court. The suit, brought by the Joseph Saveri Law Firm, is part of a string of cases accusing Tesla of exploiting its monopoly power to compel vehicle owners to pay excessive prices and endure protracted wait times for repairs and replacement parts under exclusive warranty agreements. Counsel have not yet appeared for the defendant. The case is 3:23-cv-01496, Bose v. Tesla Inc. Stay up on the latest deals and litigation with the new Law.com Radar.
|
EDITOR'S PICKS
|
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllWill Trump Be a Boost to Quinn Emanuel's Fortunes in China?
Pa. Judicial Nominee Advances While Trump Demands GOP Unity Against Biden Picks
4 minute readTrump's SEC Overhaul: What It Means for Big Law Capital Markets, Crypto Work
Law Firms Mentioned
Trending Stories
- 1Gibson Dunn Sued By Crypto Client After Lateral Hire Causes Conflict of Interest
- 2Trump's Solicitor General Expected to 'Flip' Prelogar's Positions at Supreme Court
- 3Pharmacy Lawyers See Promise in NY Regulator's Curbs on PBM Industry
- 4Outgoing USPTO Director Kathi Vidal: ‘We All Want the Country to Be in a Better Place’
- 5Supreme Court Will Review Constitutionality Of FCC's Universal Service Fund
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250