ONE SIZE DOESN'T FIT ALL: MULTIDISTRICT LITIGATION, DUE PROCESS, AND THE DANGERS OF PROCEDURAL COLLECTIVISM

Despite its arguable efficiencies and perceived conveniences (which themselves are open to question),259 MDL stealthily transforms fundamental characteristics of numerous claims so that they are unrecognizable as distinct actions filed by individual plaintiffs. [...]it may well do so even against the will of those plaintiffs, without providing them with meaningful recourse to challenge either their inclusion in the collectivist process or the adequacy of their representation in that process.