Originally from:
Advising Minnesota Corporations and Other Business Organizations - 2nd Edition - Hardcover
Advising Minnesota Corporations and Other Business Organizations - 2nd Edition - Electronic
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CHAPTER 96
MANAGING MULTIJURISDICTIONAL
LITIGATION
Section
§ 96.01 Introduction
§ 96.02 Necessity of Coordination
§ 96.03 Developing the Plan
§ 96.04 Choosing Coordinating Counsel
§ 96.05 In-House Counsel as the Coordinator
§ 96.06 Outside Counsel as Coordinator
§ 96.01 Introduction
A modern era reality is that corporations, whether small, mediumsized,
or large, often find themselves confronted by similar litigation in
several jurisdictions. Given the tendency of modern courts to use
collateral estoppel principles to lessen their case loads, a negative
decision in one suit may have an exaggerated effect on the others and
may thereby damage the corporation’s financial well-being.
Furthermore, the high cost of litigation compels the corporation to
establish a case management system when litigating several law suits that
involve similar facts, defenses, legal theories, and technical issues.
The goals of a case management strategy should be: (1) to assure
consistency and high caliber case preparation and presentation; (2) to
prevent duplication of costs and fees; and (3) to ensure the corporation’s
business operations are as undisrupted as possible.
§ 96.02 Necessity of Coordination
Not surprisingly, coordination between various counsel is the
watchword for the corporation defending a host of similar lawsuits across
the country. After all, plaintiffs’ lawyers share information among
themselves. Thus, the corporation must react with a coordinated defensive
strategy that is at least as sophisticated as its opponents’ plan of attack.
Without a coordinated effort from all counsel on everything from
pretrial discovery motions to qualifications of experts at trial, the
Roger J. Magnuson is a Partner at Dorsey and Whitney, LLP, where he serves as Head of the National Strategic Litigation Group and has practiced since 1973. He has been recognized as one of the top trial lawyers in the United States by major national and international publications, including Chambers International Guide to American Lawyers, which profiles the top 500 trial lawyers in the United States, Best Lawyers in America, Who's Who in American Law, and Who's Who in America. Mr. Magnuson was also recognized by a Journal of Law and Politics' survey for Judge's Choice "Wins Most Cases."
Some high profile cases that he has litigated include representation of the Florida Senate in the Bush v. Gore election controversy in 2000; and representation of the Plaintiffs in the widely publicized and studied Mall of America case. For several years he has represented, among other persons and entities, the Minnesota Twins and Major League Baseball principals and players in litigation; and has litigated national and local cases in federal and state court venues. He has appealed before the Supreme Court in a number of cases; as well as the Minnesota Supreme Court. He has authored several articles and 7 books.
Richard A. Saliterman is a Principal in Saliternan & Siefferman P.C., a full-service firm in Minneapolis established in 1976. Mr. Saliterman is a leading expert on corporate business matters, and is the author of several publications on business start-ups, franchises, and trademarks. Mr. Saliterman is the former National Judge Advocate for the U.S. Navy League, based in Washington D.C.
Contributing Editor:
Amanda Chang
Contributing Authors:
Alecia Anderson
Seth Back
John Baker
Shannon Berg
Constatin Burachek
Benjamin Carpenter
Ryan Check
Carl Christensen
Peter Fear
Michael Frasier
Aaron Hall
Catherine Hanson
Paul Harman
Amy Ithlan
Michael Kern
Chris Kuhlman
Brett Larson
Joshua Lederman
Karen Lundquist
James Magnuson
Jennifer Mead
Rao Menier
Heidi Miller
Rachael Moxon
Oliver Nelson
Scott Peitzer
Mitchell Skinner
Jonathan Stechmann
Lael Weinberger
Jonathan Wilson
Alex Zumbulyadis