The Shortest Distance: Direct Filing and Choice of Law in Multidistrict Litigation
Bradt, Andrew D.
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- 2023Teresa Sykes v. Cook Incorporated 7th Cir.
- 2023Shirley Parton v. Cook Medical, LLC 7th Cir.
- 2021Victoria Looper v. Cook Incorporated 7th Cir.
- 2020Harris v. E.I. Du Pont De Nemours and Company S.D. Ohio
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Abstract
The article focuses on the U.S. Supreme Court's approach in two cases Klaxon Co. v. Stentor Elec. Mfg. Co. and Van Dusen v. Barrack, regarding direct filing, aggregation litigation and choice of law in multidistrict litigation (MDL). It mentions that MDL is very high in federal courts specifically in places of mass wrongdoings or product liability.
It explores that the traditional MDL framework is more appropriate with the policies underlying in these cases than the class action.