Article by Edward F. Sherman
This Article briefly reviews the origins and development of multidistrict litigation before proceeding to examine its capacity to provide an alternative to class actions for the resolution of complex litigation. After noting that class actions are increasingly unavailable, particularly in pharmaceutical products liability cases, the Article explores the management of the In re Vioxx Products Liability Litigation MDL. The Article concludes that the MDL model can allow for the efficient resolution of complex litigation where a class action is not available, but creative management by the MDL transferee court is crucial. In particular, the Article highlights the use of bellwether trials and global settlements crafted cooperatively by counsel in both federal and state courts, but blessed and overseen in execution by the MDL court. Finally, the Article calls for Congress to enhance the powers of MDL courts as to such matters as choice of law and protection of jurisdiction, and to learn from the experience of the states and district courts that have experimented, often on an ad hoc basis, with the MDL model.
About the Author
Edward F. Sherman. Moise S. Steeg Professor of Law and W.R. Irby Chair, Tulane University School of Law. A.B. 1959, Georgetown University; M.A. 1962, M.A. 1967, University of Texas at El Paso; LL.B. 1962, SJD 1981, Harvard Law School.
Citation
82 Tul. L. Rev. 2205 (2008)