Communication — Examples

If you suspect there are related cases in other jurisdictions, enlist the attorneys’ assistance to assess the full scope of the litigation.  You may wish to require attorneys to prepare for an initial conference by informing you of all related cases.

  • Baycol PTO1,federal MDL initial conference guidelines. See paragraph 7, requiring counsel to prepare for conference, including disclosing related litigation.
  • Medtronic federal MDL filing updating court on pending related state cases.

Initiate contact.

  • Judge Weinstein sent a letter to state court judges with cases related to the Zyprexa federal MDL.  

By giving counsel early notice of your intent to coordinate, you can take advantage of their knowledge and insight.

  • Avandia CMO2: Miscellaneous early rules. See paragraph 1, expressing intent to coordinate with related proceedings.
  • Avandia PTO40, Miscellaneous administrative and procedural matters: See page 1, soliciting counsel’s views on coordinating with related litigation.

In large-scale litigation, it may be worth appointing liaison counsel to keep all sides informed of related litigation.

  • Sample list of Plaintiffs’ State Liaison responsibilities: includes advising state and federal courts of the related actions, coordinating discovery, communication with plaintiffs’ leadership and state counsel, drafting Common Benefit Fund agreements with state counsel.
  • Avandia PTO59, federal MDL: Appointing and describing the role and responsibilities of state liaison counsel.
  • Katrina Canal Construction federal litigation: Minute order appointing “State Court liaison counsel in order to facilitate communication and coordination as needed between the two court systems.”

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