Verdict - Fall 2015 - (Page 34)

> FeatUre story Multidistrict Litiga Friend or Foe? BY PatriCk wheale a wise man once told me that opportunities do not simply add up - they multiply. in the legal context, this principle is realized setting multidistrict litigation (mdL). too often, mdL is feared as a thing to be avoided. if fear is born out of things unknown, the feeling can be merited when viewed in the light of the perceived complexities that mdL seemingly presents. instead of viewing mdL as a proverbial black hole,1 it should be thought of as an additional option in your legal tool box. By shedding light on this area of advocacy, you may gain stronger control of your claims and improve your likelihood of maximizing restitution for your clients. MDL IN A NUTSHELL multidistrict litigation is a procedural tool used to, in the interest of judicial efficiency and fairness, dispense of pretrial matters for an aggregate of cases. 2 unlike class actions, with which mass torts are often confused, the threshold to qualify for an mdL is extraordinarily low. 3 "[C]ases need to share but one common question of fact. that factual question need not predominate or determine the outcome; it simply must exist."4 Also, unlike class actions, factual and legal issues that are not shared in common have the opportunity to be litigated individually after pretrial matters have been concluded. As of 2012, multidistrict litigation accounted for approximately 15 percent of total federal litigation for civil cases. 5 despite how it is perceived by the solo practitioner, the mdL process was actually developed to simplify and streamline pretrial procedures 34 Georgia Trial Lawyers Association [Where] the case is to be tried is, without question, one of the most significant factors...in the outcome of the case. -William D. Underwood

Table of Contents for the Digital Edition of Verdict - Fall 2015

President’s Message
What’s New at HQ
Tips for Selecting and Implementing a New Case Management System
How I Obtained Justice for My Client
What You Need to Know About Mass Torts & Multidistrict Litigation
London Calling: Navigating the Waters When Taking a Deposition Overseas
Ethical and Practical Considerations of Co-Counseling
Avoiding Landmines: Identifying, Locating and Serving the Non-U.S. Corporate Defendant
Powerful Weapons: Public-Private Alliances Between State Attorneys General and Private Lawyers
Multidistrict Litigation: Friend or Foe?
Civil Lawyers Against World Sex Slavery
Getting Out-of-State Evidence: Domesticating a Subpoena
New Lawyers’ Corner: Five Tips for Hanging your Shingle
Case Updates: What’s New?
Workers’ Comp Updates
Champion Members
Welcome New GTLA Members!
Index to Advertisers

Verdict - Fall 2015

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