Schedule — The Rest of the Story: Resolving the Cases Remanded by the MDL

LSU Law 2014 Complex Litigation Symposium
The Rest of the Story: Resolving the Cases Remanded by the MDL


Registration and Continental Breakfast


Opening Remarks


Panel 1: Collaboration of Judges and Attorneys in MDL Case Management

The panel will discuss how attorneys and judges can successfully collaborate to use disaggregation as a tool of effective case management.


Panel 2: Effectively Planning for Disaggregated Discovery

The panel will discuss when discovery issues should be disaggregated for separate resolution, and the costs, benefits, and challenges of reserving issues for separate discovery.


Panel 3: Integrating Aggregated and Disaggregated Discovery Issues

The panel will discuss various kinds of discovery (e.g., E-Discovery, expert discovery, and specific discovery), and the strategic and case management challenges each method presents in the context of MDLs, including both aggregated and disaggregated discovery issues.


(Lunch Presentation) Panel 4: The Real Story: FJC Report on What the Empirical Data on MDL Remands Shows

Federal Judicial Center researchers will present findings from their research on multidistrict litigation. The analysis will focus on two sets of cases: (1) cases that are considered for transfer but not transferred, and (2) cases that are transferred and that are subsequently remanded back to the transferor court. Understanding these cases, and the cases that are resolved in the transferee court, may provide some insight into the effects of aggregation on various kinds of cases.


Panel 5: When Remand is Appropriate

The panel will discuss at what stages plaintiffs, defendants, and judges perceive optimal windows to disaggregate various kinds of issues, and the factors that influence the decision and timing.


Panel 6: How Remand Should Be Effectuated

The panel will discuss how judges and attorneys work together to effectuate remand of MDL cases, including methods for ensuring smooth transitioning of work product, case management, and expertise to state and federal judges upon remand.


Closing Remarks

Schedule subject to change.

The Rest of the Story: Resolving the Cases Remanded by the MDL

The Louisiana Law Review‘s 2014 symposium, entitled The Rest of the Story: Resolving the Cases Remanded by the MDL, will be held on Friday, March 7, 2014, beginning at 8:25 a.m. in the McKernan Auditorium at the LSU Paul M. Hebert Law Center. Admission is free. One hour of Louisiana CLE credit will be available for each of the six panels held throughout the day. If you have any questions, please contact Dani Borel or Martha Thibaut.

After a long period of increasing aggregation in federal multidistrict litigation, aggregation has come under increasing criticism. Some scholars and judges have observed increasing pressure to disaggregate cases and parties. When should cases be treated separately? When should parties within the same case litigate independently? How does well-targeted disaggregation lead to better decision-making? What are the problems associated with disaggregation for courts and parties? The Louisiana Law Review is proud to bring together leading federal judges, attorneys, and scholars to explore these questions.

Presenters include the following: Judge Lee Rosenthal, Judge Eldon Fallon, Professor Elizabeth Burch, Professor Lonny Hoffman, Professor Frances McGovern, Mark Lanier, Richard Arsenault, Alistair Dawson, Emery G. Lee III, Margaret S. Williams, Catherine R. Borden. Additional panelists will be announced.

Eastern District of Louisiana: The Nation’s MDL Laboratory

The Louisiana Law Review’s 2013 symposium, Eastern District of Louisiana: The Nation’s MDL Laboratory, will be held Friday, March 22, 2013, beginning at 8:30 a.m. in the McKernan Auditorium at the LSU Paul M. Hebert Law Center. Admission is free. 6.0 hours of Louisiana CLE credits are available. Click here for the brochure and registration information. The deadline to pre-register is March 15th. If you have any questions, please contact Jessica Lewis or Justin Marocco.

The procedural landscape of multidistrict litigation (MDL) has been rapidly evolving and become a critical focal point of complex litigation. MDL cases have generated a vast array of procedural and administrative innovations aimed not only at efficient management of massive numbers of cases, but also forging new pathways to global settlements. The Eastern District of Louisiana has been the source of many of these innovations, offering path making approaches to managing, administering, and ultimately resolving some of the most complicated disputes in the nation. How have these innovations come to be, and what do they mean for the future of MDL in Louisiana and the nation? The Louisiana Law Review is proud to bring together leading federal judges, attorneys and scholars to explore these questions.

Presenters include the following: Honorable Lee Rosenthal, United States District Court for the Southern District of Texas; Honorable Eldon Fallon,United States District Court for the Eastern District of Louisiana; Honorable Kurt D. Engelhardt, United States District Court for the Eastern District of Louisiana; Honorable Stanwood Duval, United States District Court for the Eastern District of Louisiana; Francis McGovern, Professor of Law, Duke University School of Law; Elizabeth Cabraser, Lieff, Cabraser, Heimann, & Bernstein, LLP; Samuel Issacharoff, Professor of Law, NYU School of Law; Teddy Rave, Furman Fellow, NYU School of Law; Calvin Fayard, Fayard & Honeycutt, APC; Patrick Juneau, Juneau David, APLC; Jeremy Grabill, Phelps Dunbar LLP; Allan Kanner, Kanner & Whiteley, LLC; Leonard Davis, Herman, Herman & Katz, LLP and Herman Gerel, LLP; and Philip Garrett, Philip Garrett, CPA.

Coastal Land Loss in the Gulf Coast and Beyond

The Louisiana Law Review’s 2012 symposium, Coastal Land Loss in the Gulf Coast and Beyond, to be held March 30, 2012, addresses the numerous legal and administrative issues that relate to coastal land loss in Louisiana and other coastal areas throughout the world. This year, the Law Review has brought together legal scholars from around the country to discuss coastal land loss’ effects on environmental regulation, land use planning, climate change, and the benefits of adaptation strategies. This year’s symposium panel includes Professor J. Peter Byrne, who currently serves as the Faculty Director for the Georgetown Environmental Law and Policy Institute and the Georgetown State-Federal Climate Research Center. Ultimately, this symposium seeks to explore the potential legal barriers to coastal protection as well as the overarching ramifications that coastal land loss poses to coastal zone inhabitants.


Blake Hudson, Stetson University College of Law: Professor Hudson currently teaches property, natural resources and environmental law related coursework at Stetson Law. He practiced law from 2007-2009 at the law firm of Baker Botts in Houston, Texas, after receiving his J.D. from Duke University School of Law and his Master’s in Environmental Science and Policy from Duke University’s Nicholas School of the Environment. Professor Hudson’s research assesses how a system of private property rights can co-exist more successfully with regulation of natural resources, with specific emphasis on resolving conflicts between private property owners and the government. He also assesses how the issues of federalism and constitutional structure have the potential to both complicate and resolve land use and natural resource management issues at the state, federal, and international levels, with particular emphasis
on forest law and governance.

Robert R. Twilley, LSU School of the Coast and Environment: Dr. Twilley is vice president for research at UL Lafayette since 2010, and before that professor with the Department of Oceanography and Coastal Science at LSU. Most of Dr. Twilley’s research has focused on understanding the ecosystem ecology, management practices and biogeochemistry of coastal wetlands both in the Gulf of Mexico (from Florida to the Yucatan Peninsula), throughout Latin America and the Pacific Islands. Dr. Twilley has published over 100 articles in journals and book chapters on his research. Presently, Dr. Twilley helped organize the Science and Engineering Board that reviewed the CPRA 2012 Master Plan. He has served on several scientific program and review panels including National Research Council, National Science Foundation, EPA, NOAA, World Wildlife Fund, Gordon Conference, and US Climate Change Science Program, as well as on the editorial board of three professional journals.

J. Peter Byrne, Georgetown University Law Center: J. Peter Byrne is Professor of Law at the Georgetown University Law Center. He teaches Property, Land Use, Natural Resources, and Historic Preservation. Professor Byrne holds degrees from Northwestern University and from the University of Virginia School of Law. He was a law clerk to Chief Judge Frank Coffin of the U.S. Court of Appeals for the First Circuit and for Associate Justice Lewis F. Powell, Jr. of the U.S. Supreme Court; he practiced law with the DC firm of Covington and Burling. Professor Byrne has taught at Georgetown since 1985 and served as Associate Dean from 1997 until 2000. He currently is Faculty Director of the Georgetown Climate Center and of the Georgetown Environmental Law and Policy Program. Professor Byrne is the author (with Sara Bronin) of Historic Preservation Law: Cases and Materials (forthcoming 2012), and of numerous law journal articles. He received a District of Columbia 2004 Mayor’s Award for Excellence in Historic Preservation for his role in creating a website for study of historic preservation law.

David Owen, University of Maine School of Law: Dave Owen teaches environmental law at the University of Maine School of Law. His research interests range from ecosystem restoration to climate change, and he is particularly interested in water resource management and in legal responses to environmental uncertainty and change. He teaches courses in environmental law, natural resources law, water law, coastal zone law, and administrative law. Prior to joining the Maine Law faculty in 2007, Professor Owen practiced with a small San Francisco firm specializing in environmental, land use, and water law, and he clerked for Judge Samuel Conti of the United States District Court for the Northern District of California. Before attending law school, Dave worked as a geologist and environmental auditor with an environmental consulting firm.

Ann Powers, Pace University School of Law: Professor Powers is a full-time faculty member of Pace Law Schoolcs Center for Environmental Legal Studies where she teaches a range of environmental courses, including the law of oceans & coasts, international environmental law, UN diplomacy, and water quality. Her scholarship includes articles on emerging ocean issues, water pollution trading programs, and citizen litigation, among other subjects. Professor Powers’ recent work has focused particularly on ocean and international issues, and she has worked with United Nations Environment Program projects and the World Conservation Union’s (IUCN) Commission on Environmental Law and its Law Academy. She chairs the Land-based Pollution Subcommittee of the Commission’s Oceans, Coasts & Coral Reefs Specialist Group. Prior to arriving at Pace she worked for a major regional US environmental group, and for the US Department of Justice. In connection with her work and professional activities she has testified on numerous occasions before the US Senate and House of Representatives, and state legislatures and commissions.

Mark Davis, Tulane University School of Law: Mark Davis is a Senior Research Fellow at Tulane University Law School and Director of the Institute on Water Resources Law and Policy at the Law School. The mission of the Institute is to foster an appreciation of the importance of water resources and the vital roles that law and policy play in their management and stewardship. Prior to coming to the Law School Mr. Davis served for fourteen years as Executive Director of the Coalition to Restore Coastal Louisiana, a broad based organization committed to the stewardship of Louisiana’s coast.

Michael Pappas, Tulane University School of Law: Michael Pappas has been a Forrester Fellow and Instructor in Legal Writing at Tulane University Law School since 2009. Prior to arriving at Tulane, he served for two years as a law clerk to The Honorable James L. Dennis of the United States Court of Appeals for the Fifth Circuit. Mr. Pappas’s research explores the balance between governmental responsibilities and private rights in managing natural resources such as energy sources, freshwater, coastal environments, fisheries, and food sources.

The Future of Community Property: Is the Regime Still Viable in the 21st Century?

The Louisiana Law Review hosted its annual Symposium on April 1, 2011 at the LSU Law Center McKernan Law Auditorium. This year’s symposium was titled “The Future of Community Property: Is the Regime Still Viable in the 21st Century?” More than 80 people attended the full day presentation, including two Baton Rouge family law judges and dozens of family law practitioners from all over Louisiana. The symposium was organized with the assistance of LSU’s Professor Andrea Carroll and featured presentations from prominent commentators from around the nation, including Marsha Garrison (family law professor at Brooklyn Law School and author of two widely used casebooks) and Charlotte Goldberg (professor at Loyola Los Angeles and author of a leading community property textbook). Print editions of the symposium presentations will be published in Volume 72 of the Louisiana Law Review, which will be in print in the Fall of 2011. For more information about the event’s speakers and presentations, see the event brochure.

Presentations and Visual Aides