Complex Litigation

The purpose of this seminar is to introduce participants to the nature of multi-party, multi-issue and multi-forum litigation, the problems that such litigation causes, and some of the procedural devices and litigation techniques that have been developed to deal with these problems. Where appropriate, the seminar will also examine new or additional devices and techniques that have been suggested for dealing with problems peculiar to complex cases. Topics covered will include party joinder; intervention, coordination, transfer and consolidation of overlapping and related cases within and between federal and state court systems; plaintiff and defendant class actions; discovery techniques and problems in complex cases; mechanisms for judicial and attorney management of complex litigation; the role of consultants and expert witnesses in complex litigation; some techniques for trying complex cases; choice of law questions raised by complex cases; and problems of issue and claim preclusion that may arise in complex cases. Evaluation: There will be no final examination, but participants will be given two or three drafting/writing assignments based on hypothetical fact situations to be supplied. Grading will be based on the writing/drafting projects and class participation Teaching method: Seminar discussion; some lecture Text: D.F. Herr, Annotated Manual for Complex Litigation, 3d (2003); supplementary texts will be available online, including: Viscusi, ed., Regulation Through Litigation (2002). Prerequisites:

Catalog Number: LITARB 617
Practice Areas: Civil Lit. and Dispute ResolutionProcedure Practice Area

Course History

Fall 2011
Title: Complex Litigation
Faculty: Essig, William V. (courses  |  homepage)
Dames, John (courses  |  homepage)
Section: 1     Type: Seminar     Credits: 3.0
Capacity: 16     Actual: 12