What Duties Do Lead Lawyers Owe MDL Plaintiffs?

By Elizabeth Chamblee Burch (October 10, 2017, 11:39 AM EDT) -- There is a persistent question in multidistrict proceedings: what duties do lead lawyers owe to individual plaintiffs who have no direct attorney-client relationship with them?

That's the question at the heart of a recent opinion by Judge David Herndon in the Yazmin/Yaz litigation, although the opinion itself is about whether remand to state court is appropriate. (Spoiler: Judge Herndon thinks it isn't.)

As to the federal jurisdiction question, given the way that the complaint is framed, jurisdiction appears to lie under CAFA, 28 U.S.C. 1332(d)(2), because the complaint is pled on behalf of a class. But the parties take less direct...

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