Most Downloaded Articles
- Richard Epstein, Strict Liability, and the History of Torts by Getzler, Joshua
- Nuisance as a Strict Liability Wrong by Keating, Gregory C.
- The Neglected Defense of Undue Hardship (and the Doctrinal Train Wreck in Boomer v. Atlantic Cement) by Laycock, Douglas
- Private Law Theory and Corrective Justice in Trade Secrecy by Claeys, Eric R.
Repeat Players in Federal Multidistrict Litigation
1Federal Judicial Center, Washington, DC, USA
Citation Information: Journal of Tort Law J. Tort Law. Volume 5, Issue 1-2, Pages 141–172, ISSN (Online) 1932-9148, ISSN (Print) 2194-6515, DOI: 10.1515/jtl-2014-0011, April 2014
- Published Online:
In Mass Torts in a World of Settlement, Richard Nagareda noted the importance of the highly specialized bar in creating the existing multidistrict litigation (MDL) landscape. In fact, Nagareda argues that mass torts “accentuate the role of lawyers as agents” who make and enforce a “grand, all-encompassing peace” (2007, p. ix). The influence this bar wields is so great that much of the book is dedicated to discussing potential limits on these administrators. Similarly, the emergence of a specialized segment of the bar is noted by several scholars of MDL, but there has been little systematic research. Using social network analysis, we look to address this issue by examining clusters of plaintiff attorneys over time. We find that the bar is really broken into two groups: generalists, working in several types of MDL proceedings, and specialists, those who tend to focus on a single type of MDL. These findings suggest not all types of proceedings operate in the same way. Moreover, we find that there is significant variation among proceedings in the pace at which specialized lawyers join the litigation.