Discovery Issues Unique to Mass-Tort MDLs
co-hosted by Charleston School of Law — March 13, 2025
The Center will hold a Bench-Bar Leadership Summit on Discovery Issues Unique to Mass-Tort MDLs at the Charleston School of Law on March 13, 2025. The summit will identify problems unique to mass-tort MDLs regarding discovery preservation, electronically stored information, early Rule 34 requests, including discovery in previous related cases, depositions, privilege logs, and experts as well as perhaps artificial intelligence issues.
Fifteen federal judges will join 20 practicing lawyers and other experts on five panels considering potential solutions to the identified problems. Registrations for the summit will be limited to a maximum of 10 additional lawyers and other experts. The smaller size and the addition of more federal judges will ensure an in-depth analysis and enhance the likelihood that courts will adopt the practical solutions recommended in the Center’s forthcoming best practices.
Over time, individual federal rules, like Fed. R. Civ. P. 26, are susceptible to becoming “Frankensteinish” as new provisions are added to existing text, instead of eliminating outdated text. The summit will explore whether a similar phenomenon is happening with discovery protocols in mass-tort MDLs, which govern preservation, ESI, privilege, depositions, and expert testimony
The bench and bar often rely on tested discovery protocols developed in previous MDLs and add new text to address the facts of the circumstances. Unless the text of earlier protocols is obviously wrong, lawyers adopt the same language, fearing that omitting any language may cause unforeseen problems and concluding that in any event there is no harm in retaining the language. But like the federal rules, surplusage can cause problems and increase litigation and expense.
Panelists are being selected with the Center’s advisory-council members given priority consideration.
Please forward any suggestions on how to best address problems that you experienced in discovery unique to mass-tort MDLs at contact@rabiejcenter.org.
CHATHAM HOUSE RULE
The summit will be held under the Chatham House Rule: “[P]articipants are free to use the information received, but neither the identity nor the affiliation of the speaker(s), or that of any other participant, may be revealed.”
Registration
The registration fee for the summit is $950, which includes conference materials, a continental breakfast, coffee breaks, lunch, and grab-and-go snacks at adjournment. Two or more lawyers registering from the same law firm receive discounts (single registrant – $950; second registrant – $750; and third and each additional registrant – $600). In-house and company discounts are available.
CLE
A request for CLE credit will be submitted to the state of New Jersey.
Summit Details
- Agenda
- Attendees
- Materials
- Registration
- Sponsors
- CLE
To follow.
Attendees
- Hon. Boal, Jennifer — District of Massachusetts
- Hon. Caldwell, Karen — Eastern District of Kentucky
- Hon. Cannon, Hope — Northern District of Florida
- Hon. Conti, Joy Flowers — Western District of Pennsylvania
- Hon. Fitzpatrick, Martin — Northern District of Florida
- Hon. Jones, Gary — Northern District of Florida
- Hon. Johnston, Iain — Northern District of Illinois
- Hon. Kelley, Page — District of Massachusetts
- Hon. North, Michael — Eastern District of Louisiana
- Hon. Norton, David — District of South Carolina
- Hon. Rosenstengel, Nancy — District of Southern Illinois
- Hon. Schultz, David — District of Minnesota
- Hon. Valdez, Maria — Northern District of Illinois
- Hon. Vanaskie, Thomas — Third Circuit Court of Appeals (ret.) Stevens & Lee
- Hon. Weisman, M. David — Northern District of Illinois
- Belt, Bill — CDS, Complete Discovery Source Inc.
- Bilsborrow, Jacksy — Weitz & Luxenberg PC
- Citera, Francis — Greenberg Traurig, LLP
- Coan, Geoffrey — Hinshaw & Culbertson LLP
- Cohen, Lori — Greenberg Traurig, LLP
- Fleming, George — Fleming PC
- Friedman, Robert — King & Spalding LLP
- Goodman, Eric — Brown Rudnick LLP
- Greenblatt, Jennifer — Goldman Ismail Tomaselli Brennan & Baum LLP
- Jackson, Brian — Butler Snow LLP
- McClure, Shannon — Reed Smith LLP
- McConnell, Stephen — Reed Smith LLP
- Oliver, Alyson — Oliver Bell Law Group
- Opsitnick, Tim — TCDI
- Rocha, Renee — Morgan & Morgan
- Rotolo, Peter — Chaffe McCall, LLP
- Schwartz, Steven — Chimicles Schwartz Kriner & Donaldson-Smith LLP
- Sharko, Susan – Faegre Drinker Biddle & Reath LLP
- Sletvold, Ashlie — Peiffer Wolf Carr Kane Conway & Wise LLP
- Stuart, Allyson — Charleston School of Law
- Zogby, Michael — Barnes & Thornburg LLP
To follow.
Regular Registration — $950.
Multiple Registrations —Two or more lawyers registering from the same law firm receive discounts (single registrant – $950; second registrant – $750; and third and each additional registrant – $700).
In-House Counsel Discount —The registration fee for in-house counsel whose company does not provide a budget for continuing education and training is $250.
Please check the “Other Registration” box under “Registration Type” and insert the discounted fee amount.
To follow.