Judicial Appointments

Courts have asked Professor Rubenstein to serve as an expert witness, a neutral mediator, and to argue appeals/motions on issues ranging from class certification, to settlement structures, to attorney’s fees:

Opiate Litigation

Professor Rubenstein served as an expert consultant to the Court on complex class action settlement structures and complex fees issues in the National Prescription Opiate Litigation, MDL 2804.

NFL Concussion

Professor Rubenstein served as a court-appointed expert witness on complex attorney’s fees questions in the NFL Players’ Concussion Injury Litigation, MDL 2323.

2nd Circuit Appeal

Professor Rubenstein, at the invitation of the U.S. Court of Appeals for the Second Circuit, served as an advocate for affirmance of a District Court’s fee decision in a complex securities class action.


Professor Rubenstein has served as a neutral mediator:

  • To help resolve a complex class action claims procedure issue in a civil rights class action in the U.S. District Court for the Southern District of New York, Grottano v. City of New York, No. 15-CV-9242 (RMB), 2021 WL 5563990 (S.D.N.Y. Nov. 29, 2021); and
  • To help resolve a complex fee dispute in large on-going MDL