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Expert Analysis - Opinion

A Call To Permit Judicial Substitution In MDL Proceedings

By Doug Smith ( January 7, 2019, 12:34 PM EST) -- In recent years, multidistrict litigation has been the subject of significant criticism. Commentators have observed that aggregation of claims in MDL proceedings has led to the filing of large numbers of claims that lack merit. While aggregation of claims in a single proceeding can increase efficiency, it can also reduce the scrutiny that is applied to individual claims. Either through negligence or intentionally, plaintiffs counsel continue to file claims in MDL proceedings that would not have been filed if litigation were pursued on an individual basis....

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