Southern District Civil Practice Roundup

Multidistrict Litigation: For Better or Worse

, New York Law Journal

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In their Southern District Civil Practice Roundup, Edward M. Spiro and Judith L. Mogul write that consolidating multiple complex litigations in a single forum pretrial offers considerable benefits in terms of efficiency and cost, but concentrates risk as well, and not all cases can be transferred back to their original jurisdictions for trial. A party, through litigation conduct, can waive its right to transfer in those cases where the rules would otherwise have permitted it. Apple's recent experience is a case in point.

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