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IADC Midyear Meeting: Expediency Over Due Process – The New Normal for Unpopular Mass Tort Defendants?

Washington D.C. partner Raymond G. Mullady, Jr. is moderating a panel at the International Association of Defense Counsel's (IADC) mid-year meeting on Feb. 24. The "Expediency Over Due Process – The New Normal for Unpopular Mass Tort Defendants" panel will be held against the backdrop of the Eleventh Circuit’s 2017 decision in Graham v. RJ Reynolds. Panelists will discuss the increasing threat to mass tort defendants from novel issue preclusion techniques that can relieve countless plaintiffs of the burden of proving fundamental elements of their causes of action. They will review the issue preclusion methods used by courts overseeing mass tort litigation over time, including the Rule 23(c)(4) issue class and allowing bellwether trials to have issue preclusive effect in MDLs, and contrast that with the Graham court’s dramatic transformation of the law of preclusion. The session will conclude with a robust discussion on legal reform in this area, including the role of federal courts in preventing the spread of state-law creations that abrogate due process for the sake of expediency.

Mullady has a national trial and appellate practice in the areas of business litigation, product liability, and mass torts. Mullady has tried cases to verdict in California, Delaware, the District of Columbia, Florida, Maryland, New York, Virginia, and West Virginia. In 2016 he was a faculty member at the prestigious IADC Trial Academy at Stanford Law School. 


Sunday, February 24, 2019

7:30 - 8:30 a.m.


Ritz-Carlton Bacara

Santa Barbara, CA,

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