LCJ ACHIEVES KEY VICTORY: 6TH CIRCUIT HOLDS THAT COURTS MUST ADHERE TO THE FRCP |
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An LCJ amicus curiae brief helped convince the Sixth Circuit Court of Appeals to reverse the district court’s order certifying a “negotiation class” in the opioid MDL. As LCJ urged, the decision is based on the requirement that courts must enforce the FRCP in all cases, including MDLs. The court held: “we do not see how the negotiation class can be squared with Rule 23,” and courts “are not free to amend a rule outside the process Congress ordered.”
Mary Massaron of Plunket Cooney wrote LCJ’s brief, arguing that the district court’s decision to certify a negotiation class was not authorized by Rule 23. LCJ emphasized that the FRCP, which are promulgated through the Rules Enabling Act process, have the force of law.
Read the full decision from the Sixth Circuit, here.
Read LCJ’s amicus brief, here.
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LCJ URGES TWO FRCP AMENDMENTS FOR MDL CASES |
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LCJ’s newest Comment to the Civil Rules Advisory Committee proposes two FRCP amendments aimed at fixing the imbalance in multi-district litigation created by an “early vetting gap” and a “roadblock” to interlocutory appellate review.
In the Comment, LCJ identifies two fundamental flaws in the FRCP that are causing an unbalanced MDL litigation environment: a lack of required vetting, which encourages the filing of meritless cases, and the inability to appeal potentially dispositive substantive rulings. The Comment points out that recent “initial census” efforts are failing to achieve early vetting and, more importantly, cannot deter the filing of meritless cases as effectively as a rule would.
Read Rules4MDLs official press release, here.
If you are interested in participating in future MDL work, please email Kristie Jones.
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COMING SOON . . . VIRTUAL HAPPY HOURS! |
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The opportunity to connect and network with peers over dinner or at a conference table is an important part of our biannual meetings. LCJ plans to bring this experience to our members virtually with a blend of our fellows, corporate and law firm members participating. Be on the lookout for more details next month. |
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When the Advisory Committee on Civil Rules Committee meets on October 16th, we expect a thorough discussion about the possibility of promulgating “emergency rules,” as required by the CARES Act. The Committee created a CARES Act Subcommittee this past Spring with Judge Kent Jordan (3rd Cir.) serving as chair. The Subcommittee may draft rules that operate only when the Judicial Conference declares an emergency, or it may suggest regular rule amendments to rules that arguably require in-person presence, such as for service of process and trials. If the Committee decides to undertake a rule-making effort, the Subcommittee will prepare draft rule amendments for consideration at the Spring 2021 meeting, and any final drafts will be published for public comment in Summer 2021. LCJ will be closely engaged in this process and will be notifying members and allies about developments and opportunities to weigh in.
Please contact Andrea Looney or Alex Dahl know if you would like to participate in LCJ’s efforts.
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NEW CHAIR OF CIVIL RULES ADVISORY COMMITTEE TO SPEAK AT LCJ’s DECEMBER 3rd VIRTUAL MEETING
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LCJ is pleased to announce that Judge Robert Dow (N.D. IL), who will become Chair of the Advisory Committee on Civil Rules as of October 1st, will address LCJ members at our December 3rd Virtual Membership Meeting. Judge Dow will provide the latest details about the Committee’s work on “emergency rules” and will answer questions about the Committee’s work on several of LCJ’s high priority issues, including MDLs and privilege logs.
While we may not be able to meet in person for the near future, LCJ is working harder than ever to promote civil justice reforms. We have transitioned to virtually held meetings, while maintaining the quality of meeting face to face. For the foreseeable future, LCJ promises to continue moving forward identifying membership opportunities and present online events with engaging and timely topics.
REFUND UPDATE: If you paid a registration fee for the May 2020 meeting and transferred the amount to the December meeting, please contact Kristie Jones, kjones@lfcj.com to request a full refund.
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Robert M. Dow, Jr. has served as a United States District Judge for the Northern District of Illinois since December 2007. Since 2013, he has been a member of the Advisory Committee on Civil Rules and the Chair of its Rule 23 and MDL Rules Subcommittees. He has been appointed by Chief Justice Roberts to a three-year term as Chair of the Civil Rules Advisory Committee starting on October 1, 2020.
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LCJ BOARD OF DIRECTORS ELECTS NEW MEMBERS |
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LCJ's Board of Directors advanced changes to its Bylaws in May that included modifications to the structure of the Board. The LCJ Executive Committee nominated the following new individuals to serve on the Board, and the Board approved the nominations earlier this month. Please welcome the newest members and click here to view the entire LCJ Board of Directors.
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A recent Courthouse News Service article featured LCJ Member Mary Massaron for LCJ’s amicus brief urging the sixth circuit to reject the idea of an “MDL exception” to the FRCP in the nationwide opioid MDL.
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LCJ was featured in a Law.com “Critical Mass” newsletter penned by Amanda Bronstad this month for its comment letter to the Advisory Committee on Civil Rules pushing for reforms to MDL procedure.
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Read how courts are slowly ramping up efforts to hold jury trials amid the ongoing coronavirus pandemic in this article.
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Could "The Open Courts Act of 2020," a bipartisan bill that would make PACER free for the public within a few years advance? Read this article to learn more.
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LCJ is active on Facebook, Twitter and LinkedIn. We love to connect and share members’ news, and we regularly post and tag members and their organizations in related and appropriate posts. If you and your organization prefer not to be mentioned, please email Andrea Looney.
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