Pending Mul+district Li+ga+on
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1 Pending Mul+district Li+ga+on Distribution of Pending MDLs By Type as of 7/15/2015 As of July 7 th, 2015, there were 287 named MDL pending in various courts Contract, 12, 4% Securi*es, 26, 9% Sales Prac*ces, 36, 13% Air Disaster, 3, 1% Nearly half (47%) of all pending MDL is made up by product liability and anhtrust suits Products Liability, 69, 24% An*trust, 65, 23% Employment Prac*ces, 7, 2% Common Disasters, 2, 1% Intellectual Property, 18, 6% Miscellaenous, 49, 17% Data Courtesy of Judicial Panel on Multidistrict Litigation
2 Pending Mul+district Li+ga+on Despite making up only 24% of all pending, named MDLs, products liability makes up 92% of all pending MDL achons AnHtrust achons make up 23% of pending, named MDLs, but only ~1% of pending achons The majority of achons in the common disasters category (2%) come from lihgahon resulhng from the BP Oil spill (In re Oil Spill by the Oil Rig "Deepwater Horizon" in the Gulf of Mexico, on April 20, 2010) Products Liability, , 92% Distribution of Pending MDL Actions By Type as of 7/15/2015 Contract, 107, 0% Securi*es, 305, 0% Sales Prac*ces, 858, 1% Employment Prac*ces, 32, 0% Air Disaster, 40, 0% An*trust, 1595, 1% Common Disasters, 2967, 2% Miscellaenous, 5292, 4% Intellectual Property, 158, 0% Data Courtesy of Judicial Panel on Multidistrict Litigation
3 Number of Pending MDLs by District Court Number of MDLs N.D. Ala. E.D. Ark. D. Ariz. C.D. Cal. N.D. Cal. S.D. Cal. D. Colo. D. Conn. D.D.C. D. Del. M.D. Fla. S.D. Fla. M.D. Ga. N.D. Ga. D. Idaho C.D. Ill. N.D. Ill. S.D. Ill. N.D. Ind. S.D. Ind. D. Kan. E.D. Ky. W.D. Ky. E.D. La. W.D. La. D. Mass. D. Md. D. Me. E.D. Mich. D. Minn. E.D. Mo. W.D. Mo. W.D.N.C. D.N.H. D.N.J. D. Nev. E.D.N.Y. S.D.N.Y. N.D. Ohio S.D. Ohio W.D. Okla. D. Or. E.D. Pa. M.D. Pa. W.D. Pa. D.R.I. D.S.C. E.D. Tenn. W.D. Tenn. E.D. Tex. N.D. Tex. S.D. Tex. W.D. Tex. E.D. Va. E.D. Wash. W.D. Wash. E.D. Wis. N.D.W. Va. S.D.W. Va.
4 Terminated Mul+district Li+ga+on Total AcHons Subjected to 1407 Proceedings per Year by AcHons Terminated by Transferee Courts per Year For a four- year period between 2009 and 2012, the rate of MDL achons being terminated each year was greater than the rate of new MDL achons being brought each year In 2013, 28,000 more MDL achons were brought than terminated. In 2014, 39,042 more MDL achons were brought Number of MDL AcHons Fiscal Year Total AcHons Subjected to 1407 Proceedings AcHons Terminated by Transferee Courts Data Courtesy of Judicial Panel on Multidistrict Litigation
5 MDL AcHons Terminated (CumlaHve ) Eleventh Circuit Tenth Circuit 2278 Ninth Circuit Eighth Circuit Seventh Circuit 9693 Sixth Circuit Fidh Circuit Fourth Circuit 6351 Third Circuit Second Circuit First Circuit 3253 District of Columbia Number of MDL AcHons Data Courtesy of Judicial Panel on Multidistrict Litigation
6 MDL Ac+ons Terminated Between 1/1/2015 and 7/15/2015 Intellectual Property, 2 Contract, 1 Products Liability, 5 Between January 1 st, 2015 and July 15 th, 2015, 22 named MDLs have been terminated The average length of each MDL terminated between 1/1/2015 and 7/15/2015 from filing to terminahon is 6.07 years Miscellaneous, 6 Sales Prac*ces, 2 The longest MDL (In re Reciprocal of America (ROA) Sales PracHces LiHgaHon) lasted 12 years, 1 month and 15 days. The shortest (In re TLI CommunicaHons LLC Patent LiHgaHon) lasted 11 months and 13 days. Securi*es, 6
7 MDL SeAlement Rates Between 2000 and March 2015 MDL Category DisposiHve MoHon (%) Segled (%) Air Disaster AnHtrusts Contracts Patent Sales PracHces SecuriHes Products Liabilty - - Asbestos ,221 MDL case terminahons were found between 2000 and March % of terminated cases were personal injury products liability cases, and 69% were Asbestos cases 1% of MDL cases terminated by disposihve mohon and at least 72% of cases were segled Personal Injury PharmaceuHcal
8 Sources Memorandum from Emery Lee, Fed. Judicial Ctr, to Samuel Issacharoff, NYU School of Law (June 2, 2015) (on file with recipient). U.S. Judicial Panel on MulHdist. LiHg., MDLS TERMINATED BETWEEN JANUARY 1 ST, 2015 AND JULY 15 TH, 2015 (Jul. 15, 2015), available at hgp:// mdls- 0. U.S. Judicial Panel on MulHdist. LiHg., PENDING MDLS BY DISTRICT AS OF JULY 15 TH, 2015 (Jul. 15, 2015), available at hgp:// mdls- 0. U.S. Judicial Panel on MulHdist. LiHg., PENDING MDLS BY DOCKET TYPE AS OF JULY 15 TH, 2015 (Jul. 15, 2015), available at hgp:// mdls- 0. U.S. Judicial Panel on MulHdist. LiHg., MULTIDISTRICT LITIGATION TERMINATED THROUGH SEPTEMBER 30, 2014, available at hgp:// info. U.S. Judicial Panel on MulHdist. LiHg., STATISTICAL ANALYSIS OF MULTIDISTRICT LITIGATION FISCAL YEAR 2000 (2000), available at hgp:// info. U.S. Judicial Panel on MulHdist. LiHg., STATISTICAL ANALYSIS OF MULTIDISTRICT LITIGATION FISCAL YEAR 2001 (2001), available at hgp:// info. U.S. Judicial Panel on MulHdist. LiHg., STATISTICAL ANALYSIS OF MULTIDISTRICT LITIGATION FISCAL YEAR 2002 (2002), available at hgp:// info. U.S. Judicial Panel on MulHdist. LiHg., STATISTICAL ANALYSIS OF MULTIDISTRICT LITIGATION FISCAL YEAR 2003 (2003), available at hgp:// info. U.S. Judicial Panel on MulHdist. LiHg., STATISTICAL ANALYSIS OF MULTIDISTRICT LITIGATION FISCAL YEAR 2004 (2004), available at hgp:// info. U.S. Judicial Panel on MulHdist. LiHg., STATISTICAL ANALYSIS OF MULTIDISTRICT LITIGATION FISCAL YEAR 2005 (2005), available at hgp:// info. U.S. Judicial Panel on MulHdist. LiHg., STATISTICAL ANALYSIS OF MULTIDISTRICT LITIGATION FISCAL YEAR 2006 (2006), available at hgp:// info. U.S. Judicial Panel on MulHdist. LiHg., STATISTICAL ANALYSIS OF MULTIDISTRICT LITIGATION FISCAL YEAR 2007 (2007), available at hgp:// info. U.S. Judicial Panel on MulHdist. LiHg., STATISTICAL ANALYSIS OF MULTIDISTRICT LITIGATION FISCAL YEAR 2008 (2008), available at hgp:// info. U.S. Judicial Panel on MulHdist. LiHg., STATISTICAL ANALYSIS OF MULTIDISTRICT LITIGATION FISCAL YEAR 2009 (2009), available at hgp:// info. U.S. Judicial Panel on MulHdist. LiHg., STATISTICAL ANALYSIS OF MULTIDISTRICT LITIGATION FISCAL YEAR 2010 (2010), available at hgp:// info. U.S. Judicial Panel on MulHdist. LiHg., STATISTICAL ANALYSIS OF MULTIDISTRICT LITIGATION FISCAL YEAR 2011 (2011), available at hgp:// info. U.S. Judicial Panel on MulHdist. LiHg., STATISTICAL ANALYSIS OF MULTIDISTRICT LITIGATION FISCAL YEAR 2012 (2012), available at hgp:// info. U.S. Judicial Panel on MulHdist. LiHg., STATISTICAL ANALYSIS OF MULTIDISTRICT LITIGATION FISCAL YEAR 2013 (2013), available at hgp:// info. U.S. Judicial Panel on MulHdist. LiHg., STATISTICAL ANALYSIS OF MULTIDISTRICT LITIGATION FISCAL YEAR 2014 (2014), available at hgp:// info.
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