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Many Minds, Many MDL Judges
(Law and Contemporary Problems, 2021)
Over his long career, Francis McGovern was a leading supporter of decentralizing the fact finding that goes on in multidistrict litigation (MDL). His advocacy of letting torts "mature" gave rise to the sampling that takes ...
Distributing Attorney Fees in Multidistrict Litigation
(Journal of Legal Analysis, 2021)
As consolidated multidistrict litigation has come to dominate the federal civil docket, the problem of how to divide attorney fees among participating firms has become the source of frequent and protracted litigation. For ...
A Fiduciary Judge's Guide to Awarding Fees in Class Actions
(Fordham Law Review, 2021)
It is often said that judges act as fiduciaries for the absent class members in class action litigation. If we take this seriously, how then should judges award fees to the lawyers who represent these class members? The ...