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.