A group of 45 general counsel and chief legal officers sent a letter to the Committee on Rules of Practice and Procedure highlighting concerns with multidistrict litigation (MDL) proceedings, Corporate Counsel reports.
The group said the call for a rules review “comes at a point of crisis” for MDLs. Among the concerns in the letter are the influence of third party litigation funding, interlocutory appellate review, and the proliferation of frivolous claims. Potentially frivolous cases are left on the docket for years, the group says, and it is more difficult for defendants to appeal decisions. A rule requiring disclosure of third party litigation funding arrangements would enable all parties “to know who is actually in the courtroom,” said Alex Dahl, general counsel for Lawyers for Civil Justice.