For Pending MDLs, Click Here (updated 4/5/24)

MDL CASES:
Multidistrict Litigation –
Where the Action Is

An Introduction to Multidistrict (Mass Tort)
Litigation, and Pending Federal MDLs

Multidistrict litigation (MDL) refers to the process by which numerous cases involving similar facts are transferred to one court for coordinated pretrial proceedings and then, if not settled, returned to the original court for trial. 

MDL is most closely associated with mass torts consisting of product liability cases involving dangerous drugs, faulty medical devices, toxic chemicals in consumer products, and other product defects causing serious injury. But MDL involves additional areas of the law as well, including antitrust, cybersecurity, employment, intellectual property, and sales practices (consumer fraud) — though over 90 percent of pending federal MDL cases consist of mass tort (product liability) litigation.

MDL plays a major role in federal and state court litigation, a role that has grown considerably over the past decades. At the federal level, it involves hundreds of thousands of pending cases and thousands of attorneys involved in these cases.

In the federal courts (a number of states have similar procedures), MDL involves multiple civil cases — pending in different district courts around the country — that share one or more common questions of fact, and these cases have been transferred by the U.S. Judicial Panel on Multidistrict Litigation (JPML) to a single district court for coordinated discovery and other pretrial activity. That court, known as the transferee court, then handles all pretrial proceedings for the transferred cases.

When an MDL docket is created and the cases transferred, the JPML appoints a transferee court judge who manages the litigation during the pretrial and discovery process. The judge also encourages disposition of the litigation through settlement conferences. Those MDL cases not settled during pretrial are sent back to the original courts — the transferor courts — for disposition by trial or further attempts at settlement.

It is also typical for the transferee judge to schedule a few “bellwether” trials, which are intended to provide an indicator of what the parties might expect in their individual lawsuits. If the plaintiffs prevail in the bellwether trials, then the defendants will likely be motivated to settle the remaining claims before returning to the transferor courts.

Goal of Congress in Creating MDL System
The goal of Congress in creating the MDL system in 1968 was to promote efficiency and economy in similar litigation dispersed throughout the country. By consolidating discovery proceedings and pretrial motions, the parties save time and money.

Plaintiff firms, in particular, stand to benefit from MDL. Such firms, typically small in size, often lack the resources to bring actions on their own, mainly because of the discovery costs involved. But by having a large number of plaintiff firms sharing the costs, they stand a better chance of prevailing against generally deep-pocket defendants — a fact that can encourage a defendant to settle rather than take its chances at trial. For this reason, when the JPML hears arguments for and against consolidation, the defendant will sometimes be in opposition.

But MDL benefits defendants as well. For example, in a mass tort involving an auto defect, the design engineer for defendant auto company would, without MDL, likely need to be deposed for each of the perhaps dozens or more of pending lawsuits. But with MDL, the design engineer would be deposed only once.

MDL also conserves judicial time and resources. Rather than requiring many judges across the country to hear similar pretrial motions and preside over similar discovery disputes, the MDL transferee court judge handles all of it, ensuring consistency in legal rulings.

The JPML is appointed by the Chief Justice of the U.S. Supreme Court and consists of no more than seven members selected from the U.S. district or appellate courts. If the panel determines that a group of federal civil cases from around the country should be centralized into one case for pretrial, it orders the transfer from the transferor courts to the one transferee court. Cases that are filed after the formation of the MDL can later be transferred as well. These are called “tag-along” cases. 

How the JPML Decides Which Cases to Consolidate
The JPML, in determining if lawsuits should become part of an MDL, may decide on its own that similar cases should be combined into a multidistrict litigation, or the panel may act on motion by attorneys representing the plaintiffs or defendants. It is usually plaintiff firms that request consolidation.

In making its decision, the JPML will consider: whether the cases share one or more common facts; whether transferring the cases to one court is convenient for the parties; and whether the transfer promotes efficiency, cost savings, and fairness to those involved, both courts and litigants.

Once an MDL transfer order has been issued by the JPML and the transferee court and presiding judge selected, the judge will typically appoint steering committees. These committees guide plaintiffs’ and defendants’ preparations and legal strategy throughout the proceedings. The plaintiffs’ steering committee will speak to the court on behalf of all plaintiffs to the litigation, who generally come from different parts of the country. It is not unusual for defendants to select their own steering committee, with the court’s approval.

The plaintiffs’ steering committee will usually be headed by a lead counsel who coordinates discovery and participates in settlement negotiations, though each individual party maintains their own private attorney throughout the process. 

Growing Importance of MDLs Civil Litigation
MDLs have become over the years the main component of civil litigation in the U.S. district courts. According to JPML statistics current as of April 1, 2024, there were 454,429 MDL cases pending in federal district courts around the country, constituting approximately 65% of total district court pending civil actions.

For recent JPML rulings on motions to transfer for consolidated proceedings, click here.

MDL Top 10
The 10 largest MDLs by total cases pending (as of April 1, 2024) all involve product liability issues. As the data shows, the 3M combat arms earplugs litigation far outpaces the rest. Starting with the largest, the MDLs with most cases pending are as follows:

For Pending MDLs, Click Here

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