Since we blogged last week about the American Law Institute’s (“ALI”) imminent final consideration of the Principles project on Aggregate Litigation (“PLAL”) – that is to say, class actions and similar proceedings – we thought we owed our readers a report on how it turned out.
All three of the motions we discussed: about predominance/issue
As members of the American Law Institute (“ALI”) we’ve been closely following the evolution of the Institute’s Principles project on Aggregate Litigation (“PLAL”) – read: class actions – ever since we joined. In prior posts we’ve found plenty about which we were critical. See here, here, here, and here. But for
There’s a new draft of the ALI’s Principles of Aggregate Litigation in circulation. And, like all the others, you’ll have to buy it from the ALI. Make sure you ask for Council Draft #2, or you’ll be wasting your money on a superseded version.
We’ve provided you with our views – and gripes –
We just got back – well, one of us, anyway – from the latest ALI Members’ Consultative Group (“MCG”) meeting concerning the Principles of the Law of Aggregate Litigation (which we’ll call “PLAL” for short). We’ve always had concerns about the direction of this project, which we haven’t hesitated to inflict on our readers.
Usually, we comment on stuff that affects us.
That’s way too limiting.
Today, we’re going to comment on something that doesn’t affect us at all.
Here’s the spat, which we both observed last week at the annual meeting of the American Law Institute: Historically, the decision whether to settle a lawsuit has been reserved exclusively
We’ve been thinking again about the American Law Institute’s “Principles of the Law of Aggregate Litigation,” in part because we’ll be asked to vote on whether to accept the draft at the ALI’s annual meeting in May.
The draft is long and says many things.
One thing that it says, however, is this:
To facilitate
We here at the Drug and Device Law Blog haven’t always been kind to the work product produced by the American Law Institute. We’ve haven’t hesitated to criticize drafts of the “Principles of the Law of Aggregate Litigation” — for example, here and here.
Today, we’re striking a different tune.
Although we’re both members
Regular visitors to our blog may remember that back in February we posted on “31 (or More) Reasons to Watch ALI’s Principles of the Law of Aggregate Litigation.” For reference, here’s the link. Basically we didn’t like where this project was headed. We highlighted 31 ways in which the draft principles would have changed
You’d probably expect that two guys whose idea of recreation includes commenting on drug and medical device product liability litigation would be members of the American Law Institute – and you’d be right. We both are ALI members, and it’s an outstanding organization through which many really smart and really dedicated people to donate huge