Chair: Loree Kovach, Senior Vice President, Client Services, Epiq
Speakers: Deborah Greenspan, Partner, Blank Rome; James Brady-Banzet, Partner, Cleary Gottlieb Steen & Hamilton LLP; Joshua Neuman, Partner, Pogust Goodhead
From the Global Class Actions Symposium 2024, this panel moderated by Loree Kovach of Epiq, brought together Deborah Greenspan of Blank Rome, James Brady-Banzet of Cleary, Gottlieb, Steen & Hamilton, and Joshua Neuman of Pogust Goodhead for an insightful discussion on the evolving legal issues in mass torts in the US and UK.
Greenspan detailed the effectiveness of multi-district litigation (MDL) in the US as a critical tool for organising mass claims in a single jurisdiction. She noted that MDL often sets the stage for settlements, emphasising its role in resolving complex cases efficiently. Neuman added that MDL is not a burden but a benefit to US federal courts, as it enhances resource coordination and funding based on case volume.
From a UK perspective, Brady-Banzet highlighted key differences, including broad disclosure rules, strong support for litigation funding despite challenges like PACAAR, and the difficulty in dismissing claims early in the process. He contrasted the UK's emerging mass tort system with the well-established framework in the US.
Kovach concluded by underscoring the contrast between the two regimes: the mature, structured US system and the UK’s developing approach, which is just beginning to take shape. This engaging session provided a nuanced comparison of mass tort litigation on both sides of the Atlantic.
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