Thursday, May 27, 2010

Gulf Spill Litigation: To Stay or Not to Stay

The National Law Journal reports that two federal judges have come to opposite rulings about whether to stay litigation until decisions about consolidation are made and more potential lawsuits are filed.

As I have written previously, I believe that courts should proceed with caution when casting too wide a consolidation net in the aftermath of a major catastrophe.  The problems of whether it is fairer or more efficient for cases to move forward on their own or to be consolidated with other cases is a serious question for which I do not believe there are clear or easy answers.

RJE

http://lawprofessors.typepad.com/civpro/2010/05/gulf-spill-litigation-to-stay-or-not-to-stay.html

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