Mass Tort Webinar Series Part 2: Federal vs. State Filing Parallels

Welcome Announcements

Federal vs. State Filing Parallels

Exploring how coordination between state and federal actions impacts the broader litigation landscape, including mass tort strategy, discovery, and settlement leverage.

Strategic Forum Selection

• Pros and cons of filing in state vs. federal court.
• Evaluating local procedural rules, jury pools, and discovery flexibility.
• Preemption considerations and removal/remand strategy.

Parallel Proceedings and Coordination

• Communicating with plaintiffs’ steering committees and coordinating counsel.
• Coordinating discovery orders, depositions, and expert designations.
• Avoiding inconsistent rulings and conflicting schedules.

Leveraging State Cases to Strengthen the MDL

• Using state-court wins (Daubert-type rulings, verdicts, or discovery orders) to influence MDL negotiations.
• Building pressure through early bellwether trials or favorable rulings in state venues.
• Sharing information and preserving cross-jurisdiction consistency.

Judicial Liaison and Cooperation Protocols

• Best practices for working with state and federal judges overseeing parallel cases.
• Examples from recent mass torts where coordination improved efficiency.

Questions & Answers