Multidistrict litigations are big piles of wrong. Wrong incentives invite the wrong cases, the wrong rulings, and the wrong results. Plaintiff lawyers park weak cases in MDLs, counting on ultimately collecting money for cases into which they invested virtually no work. Courts encourage that dysfunctional conduct by doing everything possible to force settlements, even if
In the Mid-Atlantic this week, unless your roots run deep – they are frozen. After a balmy sixty degrees on New Year’s Day, we got hit with our first snowstorm of the winter. As did so many, this blogger’s family had to cancel nearly all our holiday plans. So, on what should have been the
In law as in real estate, “location, location, location.” Where a case is filed is often outcome-determinative. Jury pools and jurisprudence vary from one jurisdiction to the next. In some states, any complaint written on paper is sufficient; in others, a plaintiff must actually plead facts to avoid dismissal. Similarly, juries in some places routinely