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As discussed in the article 'Statewide Coordination of Mass Tort Cases Becoming Increasingly Popular,' infra, page 3, three states now provide statewide coordination of mass tort cases similar to the Multidistrict Litigation System (MDL) in the federal courts.
The federal system has been in existence for years. Some MDLs have their own sites. The Breast Implant Litigation Web site, www.fjc.gov/BREIMLIT/mdl926.htm, has not been updated since September 25, 2001 because the litigation is inactive. However, there is also a Tort Claimants' Committee Web site for the Breast Implant Litigation, http://www.tortcomm.org/. It was last updated on June 19, 2003. The Web site informs users of recent activity in the litigation, for example:
The Sixth Circuit Court of Appeals recently issued a schedule to submit briefs on the two remaining appeals in the Dow Corning bankruptcy case. The first brief is due on April 21, with a reply brief due by May 21, and final briefs are due June 18. The Court has agreed to expedite the appeals. We do not know when the Court will announce its ruling on the appeals.
Claim form packages were mailed February 19, 2003. We urge you to complete and return your Proof of Manufacturer Form to the Settlement Facility along with records showing that you were implanted with an 'eligible' implant. A complete list of eligible implants is in your claim form materials.
We have been informed that the Settlement Facility's Claims Assistance Program is experiencing an unusually large volume of phone calls and emails at this time, and that it may be difficult to get through to speak with a representative. They have informed us that the call volume is lower on Thursdays and Fridays, so you may try contacting them on one of these days for assistance.
If you want information on all pending federal Multidistrict Litigation, go to http://www.jpml.uscourts.gov/, the home page for the Judicial Panel on Multidistrict Litigation. The site provides general information such as the address, contact numbers and members of the panel.
The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
The DOJ's New Parameters for Evaluating Corporate Compliance Programs
The parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.
Use of Deferred Prosecution Agreements In White Collar Investigations
This article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.
A Lawyer's System for Active Reading
Active reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.
Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.