MDL Immunity: Lessons from the National Prescription Opiate Litigation

  title={MDL Immunity: Lessons from the National Prescription Opiate Litigation},
  author={Roger Michalski},
  journal={SSRN Electronic Journal},
  • 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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