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Transferee Judges’ Conference Francis E. McGovern Duke University School of Law October 27, 2010 Palm Beach, Florida

Transferee Judges’ Conference · Mentor Program Taped program by judges New MDL judges’ program Taped program by lawyers Other Counsel selects Judge selects based on filings and

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Page 1: Transferee Judges’ Conference · Mentor Program Taped program by judges New MDL judges’ program Taped program by lawyers Other Counsel selects Judge selects based on filings and

Transferee Judges’ ConferenceFrancis E. McGovern

Duke University School of LawOctober 27, 2010

Palm Beach, Florida

Page 2: Transferee Judges’ Conference · Mentor Program Taped program by judges New MDL judges’ program Taped program by lawyers Other Counsel selects Judge selects based on filings and

Limited

Pre-trial, remand

Pre-trial, settlement, remand

Resolve underlying social problem

Resolve all cases

Other

Page 3: Transferee Judges’ Conference · Mentor Program Taped program by judges New MDL judges’ program Taped program by lawyers Other Counsel selects Judge selects based on filings and

Lawsuit filed

Number of lawsuits filed

Defendant location

Location diversity

Docket

Page 4: Transferee Judges’ Conference · Mentor Program Taped program by judges New MDL judges’ program Taped program by lawyers Other Counsel selects Judge selects based on filings and

Willingness of judge

Experience of judge

Center of gravity

First lawsuit filed

Case progress

Grand jury, if any

Page 5: Transferee Judges’ Conference · Mentor Program Taped program by judges New MDL judges’ program Taped program by lawyers Other Counsel selects Judge selects based on filings and

Location accessibility

Docket resolution rate

Willingness of chief judge

Subject matter experience

Document/witness location

Other

Page 6: Transferee Judges’ Conference · Mentor Program Taped program by judges New MDL judges’ program Taped program by lawyers Other Counsel selects Judge selects based on filings and

No monitoring/yardstick

Annual JPMDL review

Annual reports with events and dates

Compilation of yardsticks from annual reports

Other

Page 7: Transferee Judges’ Conference · Mentor Program Taped program by judges New MDL judges’ program Taped program by lawyers Other Counsel selects Judge selects based on filings and

Mentor Program

Taped program by judges

New MDL judges’ program

Taped program by lawyers

Other

Page 8: Transferee Judges’ Conference · Mentor Program Taped program by judges New MDL judges’ program Taped program by lawyers Other Counsel selects Judge selects based on filings and

Counsel selects

Judge selects based on filings and oral presentation

Judge selects based on filings

Judge preselects committee to organize counsel

Other

Page 9: Transferee Judges’ Conference · Mentor Program Taped program by judges New MDL judges’ program Taped program by lawyers Other Counsel selects Judge selects based on filings and

Parties institute

Transferee judge leads

Transferee judgeinstitutes

Non-transferee judge leads

Other

Page 10: Transferee Judges’ Conference · Mentor Program Taped program by judges New MDL judges’ program Taped program by lawyers Other Counsel selects Judge selects based on filings and

From own client(s)

Common benefit fund

Class action settlement

Class action judgment

Other

Page 11: Transferee Judges’ Conference · Mentor Program Taped program by judges New MDL judges’ program Taped program by lawyers Other Counsel selects Judge selects based on filings and

How funded?% of federal settlements% of all settlementsdiscovery fee

If common benefit fund:

Other

How allocated?courtcourt adjunctcounsel