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Business Articles Awards > Procedure

Thoughts On Consolidating Federal And State Antitrust Cases

Jason Murray, Rob McNary and Danielle Richards, Law360, January 2015

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Readers’ vote will close on February 15, 2016. Readers’ vote will allow you to nominate 1 article for each of the Awards, i.e., 10 Academic articles, 10 Business articles, and the best Soft Laws. The readers’ short-list of Academic and Business Articles will be communicated to the Board together with the 20 articles nominated by the Steering Committees. The Board will decide on the award-winning articles. Results will be announced at the Awards ceremony to take place in Washington DC on the eve of the ABA Antitrust Spring Meeting on April 5, 2016.

U.S. federal courts are increasingly hearing federal- and state-based antitrust cases together. This trend, hastened by the Class Action Fairness Act of 2005, offers significant opportunities to litigants and courts alike. Consolidation can streamline the resolution of federal and state claims arising out of similar facts, and can promote judicial efficiency in an overburdened system. But these opportunities also jeopardize constitutional due process rights — unless judges carefully ensure that each case’s trial structure preserves them. In the pursuit of judicial efficiency, due process must remain paramount.

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