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This pocket guide is designed for transferee judges managing MDL proceedings that involve multiple, related class actions.
The guide assists transferee judges from the very beginning of MDL proceedings, before the judges determine whether the main focus of the litigation will be on class-related issues. Even if no class is ultimately certified, this guide can help transferee judges organize the litigation and set it on a smooth course. Topics addressed include categorization of claims and defenses, organization of counsel, the sequencing of motions practice, and settlement.
Holistic defense is also called community-oriented defense, therapeutic defense, or holistic advocacy. Whatever the name, its purpose is to solve underlying social and environmental problems that may have contributed to an individual's involvement in crime. It does this by emphasizing teamwork, partnerships with other criminal justice stakeholders, and identification and mitigation of collateral consequences. By doing this, defense attorneys hope to improve public safety by helping clients avoid involvement in the criminal justice system and reducing recidivism. In this episode of Off Paper, federal defenders Kathy Nester (D. Utah) and Maureen Franco (W.D. Tex.), who have been at the forefront of this work in the federal system, talk about the role of the defender in building and sustaining a multi-stakeholder, district-wide reentry infrastructure and in developing and implementing collaborative, problem-solving courts.
The Initial Discovery Protocols for Employment Cases Alleging Adverse Action provide a new pretrial procedure for certain types of federal employment cases. As described in the Protocols, their intent is to "encourage parties and their counsel to exchange the most relevant information and documents early in the case, to assist in framing the issues to be resolved and to plan for more efficient and targeted discovery." Individual judges throughout the United States District Courts will pilot test the Protocols and the Federal Judicial Center will evaluate their effects.
For the evaluation, see Report on Pilot Project Regarding Initial Discovery Protocols for Employment Cases Alleging Adverse Action (October 2015)