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  • Overview of Multidistrict L...
    Ostolaza, Yvette; Hartmann, Michelle

    The Review of litigation, 01/2007, Letnik: 26, Številka: 1
    Journal Article

    ' In practice, the MDL Statute has been instrumental in expeditiously disposing of thousands of complex cases.2 As enacted, however, the MDL Statute has its limitations.3 Most notable is the absence from the MDL Statute of any formal mechanism for coordinating related cases pending in both state and federal courts.4 This Article discusses ways to overcome this "gap" in the MDL Statute and provides a checklist for practitioners involved in multidistrict litigation before the Judicial Panel on Multidistrict Litigation ("the MDL Panel"). "111 West Virginia Trial Court Rule 26.01 provides a second mechanism for coordination of "mass litigation," defined as "two (2) or more civil actions pending in one or more circuit courts" involving: "mass accidents or single catastrophic accidents," "personal injury mass torts" involving "widely available or mass-marketed products," "property damage mass torts" and "economic loss cases ... in the nature of consumer fraud or warranty actions on a grand scale.