Inaugural Clifford Scholar-in-Residence, Professor Zachary Clopton

Inaugural Robert A. Clifford

Scholar-in-Residence MDL as Category February 16, 2021 12:00 - 1:00 p.m.

Professor Zachary Clopton Northwestern University Pritzker School of Law

Introduction: Robert A. Clifford (JD ‘76), Clifford Law Offices

Commentator: Professor Nora Freeman Engstrom, Stanford Law School

Reflections: Judge Robert M. Dow, Jr., Northern District of Illinois This event is free of charge and will be held online. Please register by

February 15, 2021.

All registrants will receive an event link prior to the

presentation.

DePaul College of Law is an accredited Illinois MCLE provider. This presentation is worth one hour of CLE credit.

Register Here

MDL as Category Professor Clopton’s talk will address reform proposals directed at multidistrict litigation (MDL). MDL dominates the federal civil docket and has been used to consolidate hundreds of thousands of cases, including litigation regarding asbestos, the BP oil spill, Johnson & Johnson baby powder, NFL concussions, opioids and more. Many reform proposals treat MDL as a uniform category of cases, but Professor Clopton argues that this is a mistake. MDL is not a uniform category of large civil cases demanding one-size-fits-all procedure. To treat MDL as such would create incentives for parties to “procedure shop” into or out of MDL, imperiling horizontal equity and inviting abuse.

Instead, Professor Clopton calls for MDL reformers to focus on the Judicial Panel on Multidistrict Litigation, a group of seven judges handpicked by the Chief Justice with nearly unconstrained authority to decide whether to consolidate cases and which federal judge will hear them. Acknowledging the disparate nature of MDL cases suggests that, for many MDLs, the Panel need not have such wide discretion.

Zachary Clopton Professor Clopton’s scholarship explores the role of courts and litigation in solving complex problems. In light of recent developments that have undercut court access and private enforcement in federal courts, Professor Clopton’s work has drawn attention from state courts, public (governmental) enforcement, and newer forms of mass dispute resolution.

Prior to joining the Northwestern law faculty, Professor Clopton was an associate professor at Cornell University. He also clerked for the Honorable Diane Wood, U.S. Court of Appeals for the Seventh Circuit; served as an assistant United States attorney for the Northern District of Illinois, including as a member of the NATO Chicago Summit Task Force; and worked in the national security group at Wilmer Hale in Washington, D.C. He is a graduate of Harvard University (JD); Cambridge University (MPhil in International Relations), where he was a Gates Foundation Scholar; and Yale University (BA in History and Political Science).

The Clifford Scholar-in-Residence The Clifford Scholar-in-Residence Program annually recognizes a talented rising star in the field of civil justice.

The Program complements the annual Clifford Symposium on Tort Law & Social Policy. For a quarter century, the Symposium has brought together civil justice scholars to share their ideas and publish their work. The Clifford Scholar-in-Residence Program continues this proud tradition of developing up-and-coming leaders in the civil justice field.

Professor Clopton was selected by a committee of leading civil justice law professors, including Stephan Landsman (DePaul, Brooklyn), Catherine Sharkey (NYU), David Hyman (Georgetown) and Shari Diamond (Northwestern).

Robert A. Clifford (JD '76) In 1994, Robert A. Clifford (JD '76) endowed the Clifford Chair in Tort Law & Social Policy at DePaul College of Law. The faculty chair gives meaningful expression to his belief that the civil justice system serves a number of vital In

interests in American society, and it provides a vehicle for exploration of the civil justice system in an intellectually rigorous fashion.

In addition to providing support for faculty research and teaching, the endowment makes possible an annual symposium addressing a timely issue in the civil justice area.

The purpose of the symposium is to bring the latest scholarship and advances in legal practice to academics and practicing lawyers who specialize in tort law, civil justice and related fields.

The Clifford Scholar-in-Residence Program builds on Clifford's vision by promoting and furthering the discussion of civil justice issues that impact all Americans. A cornerstone of the Program is a presentation to the entire legal community by a rising civil justice scholar, as well as a response from a senior commentator.

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