New book details attorney’s frustrations with MDL: Handling of cases becoming ‘more and more deplorable’
TAMPA, Fla. (Legal Newsline) – Nearly 40 percent of civil cases pending in federal courts across the country are consolidated into multidistrict litigation, resulting in “a shift away from the rule of law to a system of arbitrary justice,” says Tampa attorney Brian Donovan in his new book on his experience and frustrations with MDL.
The Washington Legal Foundation is among those calling on the U.S. Court of Appeals for the Third Circuit to overturn a Pennsylvania federal court’s decision that, they argue, would undermine class-wide settlements by permitting plaintiff states to file copycat lawsuits despite benefiting from a settlement.
Soon after the U.S. Court of Appeals for the Fifth Circuit’s ruling, the Ninth Circuit went the other way, instead siding with the NLRB’s approach and ruling that individual arbitration waiver agreements are unenforceable under federal law. Other cases raising the same issue currently are pending before the Second, Third, Fourth, Sixth, Eleventh and D.C. Circuits.