1. This article is a really helpful summary of what's happening in federal multi-district litigation. It traces three tends I've been pointing out for several years: First, there's been a steady drop in the number of MDL petitions (from 109 in 2009 to 44 last year). https://twitter.com/ClassStrategist/status/1355229718950252547
2. That's due, in part, to a change in philosophy at JPML which, in the past, granted petitions even if there were other informal ways to coordinate. Second, the increased geographic spread of MDLs. This may reflect efforts to distribute workload and diversify decisionmaking.
3. Third, is the concentration of really big MDLs in a very small number of mass tort MDLs. The article notes a spike of nearly 200,000 cases since 2019. I suspect that's the veteran hearing loss MDL against 3M for its earplugs--the biggest in MDL history at 203,722 claimants.
4. That last point illustrates how important it is to avoid broad-brush characterizations about MDLs (which this author does not do). Big spikes or drops in MDLs in any given year may have a lot more to do with things happening in the world, than because of the MDLs themselves.
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