When A Product Liability Case Can't Survive Outside An MDL

Law360 (November 20, 2020, 7:03 PM EST) -- Multidistrict litigation serves a purpose in this mass tort world — but it can also breed laziness and complacency among plaintiffs lawyers who amass inventories of clients they've never met, and about whose claims they know nothing, in the hope of numbers-driven settlements.

Master pleadings exacerbate the problem, as plaintiffs lawyers need only check boxes on short form complaints. They don't need to know, much less assert, facts about their plaintiffs, and they don't need to worry about pleading the elements of the claims they select.

But here's the rub: MDLs don't last forever. Sooner or later, MDLs lock their gates...

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