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Expert Analysis

Policing Bad Claims In Consolidated Litigation: Part 2

By Danielle Bagwell and Anne Gruner ( August 22, 2018, 1:16 PM EDT) -- With the proliferation of consolidated litigation in recent years, various courts have lamented the lack of scrutiny often given to individual cases prior to filing in a class action or multidistrict litigation. Given the structure of these mass proceedings, individual claims frequently do not get meaningfully assessed. Against this backdrop, recent federal court decisions demonstrate courts' increased willingness to police meritless claims by assessing whether counsel's pre-suit investigation was adequate....

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