The Expanding Proliferation of Class Action MDL’s (Multidistrict Litigation) and Ways to Combat Plaintiffs’ Strategic Filing of Multiple Federal and State Class Actions Based on the Same Alleged Problem

April 4, 2017 10:30am

Michael B. Gallub
Herzfeld & Rubin, P.C.

David Marriott

Cravath, Swaine & Moore LLP

  • Combatting plaintiffs’ strategies of:
    • Attempting to maneuver an MDL into a target venue by stacking multiple duplicative class actions
    • Attempting to maneuver an MDL to a desired judge through unreasonable pursuit of accelerated relief and court orders
    • Creating multiple battle fronts through targeted federal and state filings
    • Forum shopping in the state system, and creating state MDLs to compete with the federal MDL
    • Orchestrating the filing of individual (non-class) actions based upon the same controversy
    • Attempting to have the action treated as a “class action” at the pleadings and discovery stages
    • Pursuing unfounded and burdensome document and document preservation issues
    • Creating issues designed to increase the scope, cost and “stakes” of the litigation
    • Other strategies designed to impair defendants’ procedural and substantive rights