MDL Immunity: Lessons from the National Prescription Opiate Litigation

@article{Michalski2019MDLIL,
  title={MDL Immunity: Lessons from the National Prescription Opiate Litigation},
  author={Roger Michalski},
  journal={SSRN Electronic Journal},
  year={2019}
}
  • R. Michalski
  • Published 3 November 2019
  • Political Science
  • SSRN Electronic Journal
Federal multi-district litigation (“MDL”) suffers from a massive blind spot that has largely escaped notice: it only selects cases based on “convenience,” “efficiency,” and the preservation of judicial resources. The statute does not take into account broader societal and governmental interests that can trump litigation efficiency arguments. One way to fix this blind spot is through the new concept of MDL immunity (a procedural rather than liability immunity). This doctrinal innovation would… 
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References

SHOWING 1-10 OF 148 REFERENCES
Qualified Immunity Developments: Not Much Hope Left for Plaintiffs
This Article highlights important developments in the qualified immunity defense to Section 1983 claims. The focus is on recent Supreme Court decisions and the fallout from such decisions in the
From Class Actions to Multidistrict Consolidations: Aggregate Mass-Tort Litigation After Ortiz
This Article examines the extent to which available empirical research supports the impressions of scholars that a shift has occurred from using class action procedures to using
Cure-All for an Era of Dispersed Litigation? Toward a Maximalist Use of the Multidistrict Litigation Panel's Transfer Power
Since World War II, the American economy has coalesced so that mass production and distribution account for a much larger proportion of the goods and services Americans receive. During the same
The Multiple Common Law Roots of Charitable Immunity: An Essay in Honor of Richard Epstein's Contributions to Tort Law Scholarship
Professor Epstein has long promoted replacing tort-based malpractice law with a new regime based on contracts. In Mortal Peril, he grounded his normative arguments in favor of such a shift in the
The Looming Battle for Control of Multidistrict Litigation in Historical Perspective
2018 marks fifty years since the passage of the Multidistrict Litigation Act. But instead of thoughts of a golden-anniversary celebration, an old Rodney Dangerfield one-liner comes to mind: “[M]y
The Past, Present, and Future of Trans-Substantivity in Federal Civil Procedure
The trans-substantivity principle – the same procedural rules should apply regardless of the substance of the case – has been a central feature of modern federal civil procedure since its beginnings
Beyond the Class Action: Lawyer Loyalty and Client Autonomy in Non-Class Collective Representation
Class actions receive the lion's share of academic and policymaking attention, but in practice much mass litigation proceeds on a non-class basis. Non-class mass litigation often resembles class
Something Less and Something More: MDL's Roots as a Class Action Alternative
INTRODUCTION ............................................................................. 1711 I. CLASS ACTIONS AND MDLS IN MASS TORTS ........................... 1714 II. THE PARALLEL DEVELOPMENT
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