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- Title
MDL V. TRUMP: THE PUZZLE OF PUBLIC LAW IN MULTIDISTRICT LITIGATION.
- Authors
Bradt, Andrew D.; Clopton, Zachary D.
- Abstract
Litigation against the Trump Administration has proliferated rapidly since the inauguration. As cases challenging executive actions, such as the "travel ban," multiply in federal courts around the country, an important procedural question has so far not been considered--Should these sets of cases be consolidated in a single court under the Multidistrict Litigation Act? Multidistrict litigation, or MDL, has become one of the most prominent parts of federal litigation and offers substantial benefits by coordinating litigation pending in geographically dispersed federal courts. Arguably, those benefits would also accrue if "public law" cases were given MDL treatment. There also are some underappreciated strategic reasons why both plaintiffs and the government might want to invoke the MDL process in these cases--and we suspect that, sooner rather than later, one of these parties might give MDL a try.
- Subjects
UNITED States; MULTIDISTRICT litigation; PRE-trial procedure; FEDERAL jurisdiction lawsuits; TRUMP, Donald, 1946-; MEDICAL care laws
- Publication
Northwestern University Law Review, 2018, Vol 112, Issue 4, p905
- ISSN
0029-3571
- Publication type
Article