Abstract

In this comparison of non-class-based complex litigation in California and federal courts, Scott Paetty examines the case management strategies employed in California's complex court system and in the federal multidistrict litigation process. Evaluating the strengths and weaknesses of both systems, Paetty describes what makes a case complex, evaluates procedural mechanisms for dealing with complex cases, and then discusses some of the informal case management techniques practiced by judges in both systems. Paetty ultimately finds the flexible approach advanced in the California complex court system to be more effective and argues California's system should be a model for other states seeking to manage complex cases.

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