The rule’s structure is essentially a template for how judges and lawyers can efficiently organize MDLs and steer them toward bellwether trials, settlements, or both, depending on the circumstances. It recommends an initial management plan, advises parties to consider appointing leadership counsel, and urges the early creation of a report describing “how and when the parties will exchange information about the factual bases for their claims and defenses.”
The information exchange provision was a major focus of the defense bar, which has portrayed MDLs — which often contain thousands of lawsuits — as increasingly plagued by meritless claims that piggyback on potentially legitimate cases in hopes of scoring a slice of settlements before facing scrutiny.
“There has been and will continue to be significant debate about the details of the [rule],” Kimberly Branscome, a partner at Paul Weiss Rifkind Wharton & Garrison LLP, told Law360 after Tuesday’s meeting in Washington, D.C. “However, a [rule] specifically governing MDLs will be a key step forward in helping judges and practitioners navigate the complex landscape of mass torts.”
