Multidistrict Litigation (MDL) Multidistrict litigation (MDL) is a special legal process the federal government created to handle large and complicated cases involving a large number of lawsuits that have similar complaints.
What does MDL stand for in law?
Aug 28, 2017 · Multidistrict litigation, commonly referred to as MDL, is a special federal legal procedure designed to speed the process of handling complex litigations by consolidating cases and addressing all pretrial procedures in one court.
What is Multidistrict Litigation (MDL)?
MDL (Multi-District Litigation) Law and Legal Definition. A device frequently used to consolidate large class actions brought in federal court for pre-trial purposes. When civil actions involving one or more common questions of fact are pending in different districts, such actions may be transferred to any district for coordinated or consolidated pretrial proceedings.
What are MDLS and how do they work?
May 28, 2014 · Multidistrict Litigation (MDL) is a legal procedure created to “centralize” and speed the process of handling complex product liability or pharmaceutical cases. Frequently, there will be hundreds or even thousands of lawsuits filed relating to a certain product or pharmaceutical drug.
What is the role of the district court in MDL cases?
May 19, 2015 · A special master (a court-appointed individual who addresses pre-trial or post-trial matters, as outlined in Federal Rule of Civil Procedure 53) is frequently appointed to recommend or evaluate the evidence supporting the allocation of attorneys’ fees and expenses.
What does MDL mean in legal?
multidistrict litigationAn MDL. It stands for "multidistrict litigation," a type of legal proceeding designed to help federal courts efficiently manage many related cases filed in different jurisdictions. The federal MDL statute, 28 U.S.C.
What is the purpose of a MDL?
The goal of MDL is to conserve resources and foster consistent court rulings across different lawsuits that involve similar legal issues, often while coaxing the parties toward settlement. Read on to learn more about MDL.
What are MDL cases?
Multi-District Litigation: Multi-District Litigation cases (MDL's) are cases involving one or more common questions of fact which have been transferred from different districts by the Judicial Panel on Multidistrict Litigation to a single district for coordinated or consolidated pretrial proceedings under 28 U.S.C.
Is MDL the same as class action?
The main difference between MDLs and class actions is the status of the plaintiffs within the litigation. MDLs often involve a group of distinct individuals or groups of individuals.
How do MDLS settle?
In many MDL settlements, the defendant will agree to set up a settlement fund from which plaintiffs agreeing to the settlement terms can receive money. The offer may contain a set amount of money and the defendant usually requires 95 percent or so of plaintiffs to agree to the agreement before any money is paid out.
What is the largest class action lawsuit?
1) Big Tobacco: $206 Billion (1998) The agreement, which remains the largest class-action settlement in U.S. history, required tobacco companies to pay out more than $206 billion to the included states over 25 years, plus another $9 billion per year in perpetuity.Dec 14, 2021
Where is the MDL?
United States Judicial Panel on Multidistrict Litigation. Our office is located in Washington, DC.
What is a bellwether plaintiff?
A bellwether trial is a test trial involving a case that derives from a large pool of lawsuits filed against the same party (or group of parties). The bellwether plaintiff is typically chosen because he/she is a typical representative of a large group.Mar 2, 2022
What is a mass tort settlement?
In a mass tort MDL case, no individual is required to participate in the settlement. Instead, a settlement is structured such that each individual's case facts are evaluated on its own merits, including exposure, causation, injuries, and damages.
What is an MDL class action lawsuit?
A class-action case involves a single lawsuit filed by a large group of people who have suffered similar harm by the same defendant (or defendants). ... Multi-district litigation (MDL) may involve multiple lawsuits filed by different parties.
What's the difference between a class action lawsuit?
In a typical class action, a plaintiff sues a defendant or a number of defendants on behalf of a group, or class, of absent parties. This differs from a traditional lawsuit, where one party sues another party, and all of the parties are present in court.
What is a consolidated class action?
Consolidated action is also called class action or representative action. It is a form of lawsuit where a large group of people collectively bring a claim to court and/or where a class of defendants is being sued. In the U.S., state cases will not be included in federal consolidated actions.
Introduction
- When lawsuits involve dangerous drugs and medical devices, airplane crashes, and other complex issues affecting large numbers of people, sometimes the federal court system uses multidistrict litigation (MDL) to better manage the cases. In multidistrict litigation, multiple civil cases that s…
Goals
- In 1968 Congress created the MDL system in order to coordinate federal complex litigation filed in multiple districts. The goals of MDL are efficiency and economy. By consolidating the discovery proceedings and pretrial motions, the parties save money and time.
Examples
- Multidistrict litigation works well for large, complex cases that involve one or more common issues of fact. Here are some examples of common issues of fact that might warrant the formation of an MDL: Some types of cases naturally lend themselves to MDL, such as those involving:
Usage
- MDL is only used for civil, not criminal, cases. MDL can consolidate individual cases (that is, a lawsuit filed by one person or a few people) or class actions (lawsuits filed on behalf of a large group of people).
Governance
- The United States Judicial Panel on Multidistrict Litigation decides when multiple lawsuits should be consolidated into an MDL. The panel is appointed by the Chief Justice of the Supreme Court of the United States and consists of seven members.
Significance
- If the panel determines that a group of federal civil cases from around the country should be centralized into one case, it transfers the cases from the courts where they were first filed to a single federal district court. Cases that are filed after the formation of the MDL can later be transferred also -- these are called tag-along cases.
Functions
- The MDL judge presides over pretrial motions, discovery proceedings, and settlement conferences. The judge might dismiss some claims, or entire cases, and will preside over pretrial proceedings and discovery for the cases that go forward. If a trial is necessary, these cases are sent back to the original court where they were first filed, where the trial will take place.
Advantages
- Pros for defendants. For large corporate defendants, it is usually cheaper and easier to litigate issues of fact in front of one court instead of in many courts. Defendants also don't like their witnesses to be deposed many times, which is what happens if numerous lawsuits are not consolidated into an MDL. Multiple depositions increase the likelihood that witnesses will give in…
When Are Mdls used?
- Congress created MDLs to save time and money and to ensure similar outcomes in lawsuits that involve large numbers of people and contain similar allegations. MDLs often center on dangerous prescription drugs, defective medical devices and securities fraud. They sometimes involve thousands of individual lawsuits or dozens of class actions.
How Mdls Get Started
- When numerous lawsuits have been filed by plaintiffs who have suffered a similar harm caused by the same defective product or act of corporate negligence, the attorneys representing clients in these lawsuits may ask the Judicial Panel on Multidistrict Litigation to create an MDL to consolidate the cases. It is important to note that even if lawsuits are consolidated into an MDL, …
What Happens Next?
- After an MDL has been created, the litigation may proceed to the discovery phase. During discovery, the company being sued may be required to hand over documents that contain information relevant to allegations made in the lawsuits. In addition, witnesses may be questioned under oath during depositions and this testimony may be used at trial to support or rebut allegat…
Resolving The Cases
- Once discovery is complete, the judge may select several of the individual lawsuits to proceed as bellwether trials – a sort of "test run"– although the result of the bellwether trial is binding on that particular plaintiff. Bellwether trials help both sides predict how juries may rule. For instance, if the defendants lose all or the majority of the bellwether trials, the company may want to reach a glo…
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