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A Multidistrict Litigation Primer

By Kimberly H. Clancy

What do FEMA trailers, peanut butter, Viagra, pet food, tires, implantable defibrillators, Agent Orange and iPods have in common? A really weird dream? Maybe. Mass product liability litigation? Ding!

All of the products listed above, varied as they may be, do have at least one thing in common ' they are all subject to mass product liability litigation. Specifically, they are all currently subject to a centralized federal multidistrict litigation proceeding (“MDL”). According to information available on the Web site for the Judicial Panel on Multidistrict Litigation (“JPML”), there were 60 product liability MDLs pending as of July 14, 2008. See www.jpml.uscourts.gov/Docket_Info/Pending_Dockets/pending_dockets.html. And each MDL is made up of hundreds, if not thousands, of individual cases.

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