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Common Issues Defense Strategy

Common Issues Defense Strategy. James G. Martingano MehaffyWeber Houston, TX. Introduction. Common Themes Single event Multiple parties Common Sources of Proof Common Problems Scope Inherent Delay/Duplication Discovery Finality. Main Types. Class Action statutory MDL statutory

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Common Issues Defense Strategy

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  1. Common IssuesDefense Strategy James G. Martingano MehaffyWeber Houston, TX

  2. Introduction • Common Themes • Single event • Multiple parties • Common Sources of Proof • Common Problems • Scope • Inherent Delay/Duplication • Discovery • Finality

  3. Main Types • Class Action • statutory • MDL • statutory • Mass Tort/Consolidated Cases • Generally common law

  4. Mass Tort vs. Class Action • Similarities • Jurisdiction (State or Federal) • Focus (case disposition) • Differences • Procedure (Federal vs. State) • Scope (limited vs. general)

  5. Federal Class Actions • Federal Rule 23 • 1938 • 3 types • True • Spurious • Hybrid • “Opt-In” • 1966 • Criteria • Numerosity • Commonality • Typicality • “Opt-Out”

  6. Class Actions • Class Action Fairness Act of 2005 • Tort Reform • Expanded Federal Jurisdiction • Limits on Coupon Settlements • Trends • Personal Injury • Consumer • Employment • State Court • Range of options • California – most complex

  7. A Brief History of MDL • Federal MDLs created in 1968 • 28 U.S.C. § 1407 • “common questions of fact” • “centralization is for the convenience of the parties and promotes just and efficient conduct of litigation

  8. Current Data on Federal MDLs • 310 MDLs in over 60 Federal Districts • 240 Judges overseeing one or more MDLs • 92,000 pending individual cases • Of which 48,000 are asbestos • 15% of the entire Federal Court docket

  9. MDL Highlights • Breast Implant • Established Scientific Panel to evaluate Daubert Motion • Global Settlement • Welding Rod • Bellwether Trials • Chinese Dry Wall • Consumer and Personal Injury • Jurisdiction • Vioxx • Settlement • Asbestos • Still pending • Largest caseload – 40,000+ • Toyota Litigation • personal injury and consumer claims

  10. Class Action Highlights • Wal Mart • Largest gender discrimination class action recently certified • Dukes v. Wal-Mart Stores, Inc, Northern District of California • AT&T • Overtime wage claims • Wlotkowski et al. v. Michigan Bell Telephone Company, Eastern District of Michigan.

  11. Herb Zarov • Personal Injury Issues related to Consolidated Cases • Case Management Orders • Defenses • Strategy • Hypothetical Case Study

  12. Carla Christofferson • Punitive Damages in Class Actions • Exxon Valdez • Standing Issues • Tobacco II

  13. Carolyn Frantz • No-Injury Class Actions • Teflon • BPA

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