Mass Torts Made Too Easy? Claims Registries and Shadow Dockets Defined and Analyzed

Federal judges attempting to manage multi-district litigation are creating administrative dockets and registries of unfiled claims. These claims registries are in use in MDLs involving Zantac, 3M Ear Plugs, Juul, and Paraquat. The innovation is under consideration by a federal rules committee examining whether specific rules are needed in multi-district litigation to cover their use. Are these tools making mass torts even more massive? Do these tools assist defense counsel in screening out the unscreened meritless claims or just shift the cost to defendants in a new way? This panel discussion will examine the pros and cons of these registries, explore ways to improve on the concept, and discuss whether specific rules codifying their use are warranted.