Plaintiffs’ Lawyers Concerned Over Proposed MDL Management Rule

Members of the plaintiffs’ bar are raising concerns about a proposed rule that would govern initial steps in multidistrict litigation, saying it could lead to certain attorneys repeatedly getting leadership positions in the handling of those cases.

The Advisory Committee on Civil Rules — which proposes changes to the Federal Rules of Civil Procedure — is weighing whether to add a rule on initial case management conferences for MDLs, as no such rule exists. Part of the proposed rule says the judge presiding over the MDL may appoint a coordinating counsel to deal with the logistics in managing the case. ...