If a Lone Pine Falls in the Sixth Circuit And No One Hears it, Does it Make a Sound?

Multidistrict litigation (MDL) has been described both as a “just and efficient” method of consolidating lawsuits and a judicial hell-hole akin to “the third level of Dante’s inferno.” While its normative value likely falls somewhere in the middle, it is no secret that multidistrict litigation involves “unorthodox” civil procedure. Judges attempting to wrangle the “Wild […]

Abandoning Centrality: Multidistrict Litigation After COVID-19

Courts around the country have adapted to the reality of socially distanced litigation, allowing virtual hearings and even trials to take place over the Internet. This infrastructure will outlast COVID-19 and will minimize the burden of traveling for litigation. In the face of these changes, the JPML should accordingly limit the importance of geographic centrality when choosing a forum for multidistrict litigation.