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Course Details

This CLE webinar will offer counsel an in-depth analysis of new Federal Rule of Civil Procedure 16.1, best practices for implementing its requirements, and strategies for advocate courts to apply the Rule to achieve its intended reforms.

Faculty

Description

While courts were once forced to invent procedures for managing MDLs, the new FRCP 16.1 endorses entry of a case management order early in the MDL to govern key issues and formally recognizes appropriate procedural tools. FRCP 16.1 orders are based on a joint report setting out the parties' views on case management issues, followed by a conference with the MDL court. If approached properly, these orders have the potential to address many of the problems that plague MDLs, including the problem of MDLs attracting meritless claims.

However, the new FRCP 16.1 does not impose any substantive requirements on MDL courts. As a result, the MDL reform envisioned by the Rule could be stifled by courts that refuse to employ the case management tools it recognizes. MDL practitioners must therefore be well informed and sophisticated advocates on FRCP 16.1 case management issues from the outset to maximize the chances of courts taking up those tools to make MDLs fairer and more efficient.

Listen as this esteemed panel provides in-depth analysis of new Federal Rule of Civil Procedure 16.1, best practices for achieving its benefits, and strategies for dealing with its lack of mandatory directives.

Outline

I. MDL abuses and history of Rule 16.1

II. In-depth analysis of Rule 16.1 and its Committee Note

III. Strategies for effectively using Rule 16.1 in litigation

IV. Shaping courts' interpretation of Rule 16.1

V. MDL reform beyond Rule 16.1

Benefits

The panel will review these and other critical issues:

  • Best practices for crafting FRCP 16.1 case management plans
  • How to use procedures formalized in FRCP 16.1 to address persistent problems in MDLs, including meritless claims
  • Emerging case law supporting a rigorous application of FRCP 16.1
  • Additional MDL reforms still needed