MDLs Need A New Path To Interlocutory Appeals

Law360 (April 10, 2020, 4:47 PM EDT) -- Cases consolidated into multidistrict litigation actions now make up nearly half of the federal civil caseload nationwide. With more than 100,000 cases being overseen by a small number of federal judges, it is critically important that we heed the laudable goal of the very first rule of the Federal Rules of Civil Procedure — securing the “just, speedy, and inexpensive determination of every action and proceeding.”

Timely appellate review of important, indeed often dispositive issues is essential to achieving that goal. Is that being accomplished with the current MDL system? No.

Let’s start here. I think we can all agree with...

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