Phil Goldberg of Shook, Hardy & Bacon. Courtesy photo MDL Judge's Orders Should Spur New Rule Calling for the Early Vetting of Claims
Some lawyers have found that they can gain an advantage in an MDL by stockpiling claims, regardless of their individual merits. In recent years, this gamesmanship has become a huge problem.
April 05, 2024 at 02:00 PM
7 minute read
Class Actions
The Federal Rules Advisory Committee is considering a new rule of civil procedure to govern multidistrict litigation (MDLs), and recent rulings in an herbicide MDL are spotlighting a key issue before the committee: the urgent need to address the widespread filing of unsupported claims. These are claims where people responded to lawsuit advertisements, but never provided evidence to anyone that they used the product or sustained the injury at issue in the litigation. Their mass presence is undermining many MDLs.
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