Recent trends in how federal district courts exercise their power of judicial review underscore the changing nature of regulatory litigation. These trends start with the rise in multidistrict litigation, as groups of plaintiffs file complaints in multiple district courts to maximize their chances of blocking a federal policy. For their part, courts considering these challenges are exercising their power by refusing to defer to the executive branch and authorizing discovery. Individuals and businesses impacted by federal regulation should take these trends into consideration as they devise litigation strategies. (In the second installment of this two-part series, we will discuss two additional trends—the rigorous enforcement of the Administrative Procedure Act’s standard of review and the rise of nationwide injunctions.)

Multidistrict litigation is booming.

The days when only a single judge would review a federal policy seem to be over with the explosion of multidistrict litigation.

This content has been archived.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

Why am I seeing this?

LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.

For questions call 1-877-256-2472 or contact us at [email protected]