In the ongoing discussions about Multidistrict Litigation (MDL) case management, a recent report published on JD Supra discloses a crucial development within the Taxotere MDL. The litigation has dismissed plaintiffs who failed to perfect service by their deadline, adding another layer to the complexity of MDL management. The report signifies a departure from the previous trend focussed on “forcing settlement” rather than dealing with legal issues or disposing of unmeritorious claims. The full brief can be read here.
The dismissal stems from the failure of certain plaintiffs to perfect service by their given deadline, essentially a procedural move. This measure demonstrates an instance where the court has taken a proactive stance on maintaining discipline in following the procedural aspects of litigation. This step by the court gives hope to those who have until this point been concerned about the perceived imbalance in MDL case management by not giving due emphasis to legal issue resolution and disposing of untenable cases.
Until now, the focus appeared to lean towards forcing settlements, often pressuring defendants to plead guilty amidst resource-draining litigation. However, this dismissal sheds a spotlight on adherence to procedural due process – a much-needed pivot in the context of MDL case management.
Such a stern measure sends a clear message to the legal community. This reinforces the importance of following correct litigation procedures and respecting deadlines in pursuit of just outcomes. Cases contributing to backlog without solid legal grounds can expect little tolerance in MDL proceedings.
At the end of the day, striking a balance between managing litigation and deciding legal issues seems to be the guiding principle for future MDL case management. And this instance is a welcome contribution in that direction.