Douglas Smith

(Author)

The Rising Behemoth: Multidistrict and Mass Tort Litigation in the United StatesPaperback, 7 October 2021

The Rising Behemoth: Multidistrict and Mass Tort Litigation in the United States
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Print Length
210 pages
Language
English
Publisher
American Bar Association
Date Published
7 Oct 2021
ISBN-10
164105784X
ISBN-13
9781641057844

Description

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

Author:
Douglas Smith
Book Format:
Paperback
Country of Origin:
US
Date Published:
7 October 2021
Dimensions:
22.61 x 15.24 x 1.27 cm
ISBN-10:
164105784X
ISBN-13:
9781641057844
Language:
English
Pages:
210
Weight:
226.8 gm

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