September 22, 2011
Sending Mass Torts to State Court
I just read a very interesting student note from 1987 suggesting that in mass tort cases the JPMDL should be permitted to send mass tort cases to state court. George T. Conway III,* The Consolidation of Multistate Litigation in State Courts, 96 Yale L. J. 1099, 1101 (1987). The rule of thumb could be that the state with the applicable law would be the target jurisdiction. Of course this would take new Congressional action to implement, but what an idea!
*The author is now a litigation partner at Wachtell - I wonder what he would say of his student note with many years of experience under his belt? If you're reading this, leave a comment or drop me an email.
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