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Title: Duties Owed by Appointed Counsel to MDL Litigants Whom They Do Not Formally Represent
Authors: Herman, Stephen J.
Keywords: Duties owed by Appointed Counsel
Issue Date: 2018
Citation: 64 Loy. L. Rev. 1
Abstract: Courts routinely appoint Lead Counsel, Liaison Counsel, and Plaintiffs’ Executive or Steering Committees to perform certain functions on behalf of all plaintiffs in multidistrict litigation (MDL) and other complex, coordinated, or consolidated proceedings. Questions frequently arise in such cases regarding the existence, nature, and scope of duties that may be owed by such appointed counsel to plaintiffs in the litigation. Some have posited that lawyers in leadership positions have an unqualified “fiduciary” duty to each and all litigants. At the opposite end of the spectrum, others have argued that appointed counsel’s duties of loyalty remain with those individual plaintiffs whom they personally represent, to the exclusion, and potential prejudice, of other litigants with cases pending in the MDL or other similar proceedings.
ISSN: 0192-9720
Appears in Collections:Law Review

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