Article by John G. Heyburn II
The Article traces the development of the Judicial Panel on Multidistrict Litigation and its role in the management of complex litigation before providing an overview of its current practices and future direction. Its purpose is to provide the reader with some insight into the Panel's operations, to suggest how those operations have generally benefitted litigants in complex multidistrict cases, and to confirm the Panel's intention to continue addressing the challenges that multidistrict litigation poses. In doing so, the Article provides comprehensive statistics that dispel a number of myths about multidistrict litigation and confronts concerns expressed by practitioners and academics about such varied topics as the time allotted to oral argument, the factors involved in selecting the transferee court, and the standards for transferring and remanding cases. The Article concludes with a look toward the role the Panel hopes to play in the future of complex litigation.
About the Author
John G. Heyburn II. Chief Judge, United States District Court for the Western District of Kentucky; Chair, Judicial Panel on Multidistrict Litigation (2007-present). A.B. 1970, Harvard University; J.D. 1976, University of Kentucky College of Law.
Citation
82 Tul. L. Rev. 2225 (2008)