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Beisner and Miller on aggregate litigation reform

From the Washington Legal Foundation (PDF), and automatically commanding attention around here given the persons involved and the topic:

In this new WLF Monograph, two aggregate litigation experts propose and detail a four-part reform plan to improve how mass tort lawsuits are administered and overseen in the federal multi-district litigation framework. Authors John Beisner and Jessica Miller [O'Melveny & Myers] present a detailed case for their proposal and explain how plaintiffs and defendants will benefit from a system which better ensures that actually injured parties will have their day in court. The Monograph features a foreword by Vanderbilt Law Professor Richard Nagareda, who is deeply involved in the American Law Institute's drafting of a Principles of the Law of Aggregate Litigation.

Press release here, including this very brief summary:

The Monograph proposes four comprehensive, yet basic, procedural reforms that will improve
the multidistrict litigation ("MDL") process for litigating and resolving the mass tort dilemma:

* Expand the diversity jurisdiction of federal courts;
* Adoption of standardized winnowing procedures;
* Eliminate class action tolling of limitation periods: and
* Revise ethical rules to account.

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Rafael Mangual
Project Manager,
Legal Policy

Manhattan Institute


Published by the Manhattan Institute

The Manhattan Insitute's Center for Legal Policy.