9th U.S. Circuit Court of Appeals
Aug. 28, 2023
9th Circuit: Trial judges can rule on MDL common funds
After settling the claims, the law firms moved to exempt the recoveries of their clients whose cases were not included in the multidistrict litigation against the IVC companies from common benefit fund assessments.
Lower courts have the authority to rule on a request to exclude non-multidistrict litigation claims from a common benefit fund, the 9th U.S. Circuit Court of Appeals held in a unanimous opinion.
Under the federal multidistrict litigation statute, district judges can make assessments on common funds if the claimants’ counsel consents, the agreement is incorporated into a court order, and the claimants’ counsel has access to a “common benefi...
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