Multidistrict Litigation

Here is an interesting order that recently emerged from the Benicar multi-district litigation.  Certain plaintiffs’ counsel (identified by name in the order) represent about 450 “plaintiffs who have settled their claims against defendants in exchange for a monetary payment.”  In re Benicar (Olmesartan) Products Liability Litigation, 2019 WL 6271285, at *1 (D.N.J. Nov. 22,

Few things raise our blood pressure as much as the MDL process. MDL stands for Multi-District Litigation, but the M might as well stand for Mutilating and the D for Distorting. One-sided discovery, wholesale parking of ‘shotgun’ complaints, made-up spoliation issues, and bellwether trial programs that produce results representative of nothing other than plaintiff lawyer

We’ve repeatedly advocated that defendants try turn the e-discovery tables on plaintiffs whenever possible – particularly in MDLs where discovery is flagrantly one-sided – by going after plaintiffs’ social media information.  In just about every case involving allegations of personal injuries, social media will have admissions by plaintiffs concerning their conditions and activities that concern