Current litigants cannot reliably predict the procedure that will govern their cases once they become part of an MDL. Judges and parties have struggled to respond to their unique procedural challenges, which has resulted in ad hoc and unclear rules that vary from one MDL to another. As cases in MDLs gain a dominant share of the federal docket, there is an ever-growing call to create a consistent set of MDL rules that would work in tandem with the Federal Rules of Civil Procedure. This program will discuss pending legislation, recent publications, and the arguments being made in favor of adopting rules and what those rules should be.
Jason Rose, Partner, Venable LLP
Melinda Fithen, Associate, Venable LLP
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