Judge Young’s Latest Article, I Mean, Opinion
Late last week Judge Young issued this very interesting opinion in Delaventura v. Columbia Acorn Trusts (via How Appealing). Delaventura is a securities fraud case but what makes the opinion worth reading is that the first 20 pages (out of 27) concern the operation of MDL litigation. Judge Young concludes:
Current Muti-District Litigation practice is seriously flawed in that it is perceived to proceed not on neutral principles but in a manner that favors defendants. Were Congress to override Lexecon, this imbalance would be exacerbated and the already diminished role of the American jury further marginalized.Given the large number of antitrust cases in MDL practice, this opinion is worth reading (regardless of whether or not one agrees with Judge Young).
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