December 6, 2018

Jennifer La Mont and Kaitlyn Stone Author Article on Motions to Withdraw from Multidistrict Litigations for Law360

Jennifer La Mont and Kaitlyn Stone authored an article for Law360 titled “It’s Harder To Withdraw from MDLs – For Good Reason.”

In their analysis, Jennifer and Kaitlyn note that motions to withdraw face greater obstacles in MDLs. The complexity and costs associated with MDLs are factors which complicate such motions. Jennifer and Kaitlyn examined the August 2018 motion to withdraw in the McDaniel v. Daiichi Sankyo, et al., case and the District of New Jersey’s rationale for denying the request. The decision established that “plaintiffs’ counsel will not be able to escape representation simply because a plaintiff refuses to opt into a negotiated settlement program in a MDL.”

“A breakdown in the attorney-client relationship may weigh in favor of withdrawal in a stand-alone case, but the complexity of MDL litigation renders this factor less important,” Jennifer and Kaitlyn said. “The court's decision also reveals that the high costs associated with taking a product liability claim in an MDL to trial are not only insufficient to warrant withdrawal, but actually weigh against permitting counsel to escape representation.”

Read “It’s Harder To Withdraw from MDLs – For Good Reason.”

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