MDL 'power grab': critics say transferee judges should not try multidistrict litigation

Article Abstract:

Multidistrict litigation is a judicial process that allows the consolidation of related federal civil suits. It is widely viewed as an efficient method of processing numerous claims swiftly. Some critics believe that the courts to which such cases are transferred for pretrial procedures usurp their authority by trying the cases. Other critics say that the panel charged with its oversight often fails to give due consideration to cost, convenience or legal ramifications when it transfers cases. The US Supreme Court agreed on May 19, 1997 to review whether multidistrict courts are authorized to try cases.

Practice, Jurisdiction, Kozinski, Alex

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Mich. judge won't drop implant suits; relies on local rule to block their transfer to MDL guru

Article Abstract:

Federal district judge Sam C. Pointer holds the intercircuit assignment to handle breast-implant products liability claims in Dow Corning Corp's Michigan bankruptcy, but Judge Denise Page Hood has not relinquished to him the thousands of product liability cases in the Dow Corning Corp. bankruptcy proceedings before her. A local court rule requires a judge to consent before the case is transferred. Pointer is a complex litigation specialist and Dow officials feel he would help bring matters to a conclusion.

Surgical Appliance and Supplies Manufacturing, Surgical appliances and supplies, Prosthetic Appliances, Cases, Dow Corning Corp., Breast implants, Prostheses and implants, Hood, Denise Page

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Proposed changes in federal practice spark protests; Reform Act would ease removal of judges, limit remedies, affect mass torts.-

Article Abstract:

A bill before the Republican House, the Judicial Reform Act of 1998, proposes changes in federal court administration including making it easier for lawyers to remove a federal judge from a case and limiting the ability of judges to impose remedies that raise taxes in cases involving constitutional violations or enjoin laws passed by state referendums. The bill was authored by Republicans and now that the issue is nearing court debate Democratic opposition is increasing.

Justice, Administration of, Administration of justice

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