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Multidistrict LitigationWhen several related lawsuits arise in different federal jurisdictions, many of the pretrial procedures can be consolidated to make the process more efficient and uniform. Congress established the Judicial Panel on Multidistrict Litigation (the MDL Panel) to oversee and coordinate pretrial activities for related complex cases. The multidistrict procedure puts one court in charge of pretrial administration of discovery, pretrial motions, and other pretrial issues. After the pretrial stage, the court remands each individual case to its original forum to proceed through its own trial. The MDL Panel, however, may separate any claim, cross-claim, counter-claim, or third-party claim and remand any of such claims to the original court before the remainder of the action is remanded. The MDL Panel includes seven circuit and district judges, no two of whom can be from the same circuit, chosen by the Chief Justice of the US Supreme Court. The MDL Panel exists only to transfer related actions to a single court and then to remand the individual cases back to their original locations after the pretrial phase. Once the panel transfers the cases, the chosen court directs the pretrial proceedings without input from the panel. The federal statute allows the temporary consolidation of litigation from different federal districts for the parties' convenience and judicial economy. The cases must contain similar issues to be addressed in pretrial procedures so that one court can administer the proceedings effectively. Pretrial procedures include discovery of relevant documents, interviews of potential witnesses, and motions limiting the scope of the action. These activities help define the parties' positions and may resolve some issues prior to trial, streamlining the litigation process. The most-cited example of multidistrict litigation involves actions for damages from asbestos exposure. Since these cases involved a common theme, but damage was alleged against multiple manufacturers and installers by a large number of plaintiffs in many federal districts, the cases benefited from multidistrict litigation in the pretrial phase. Lawyers and their parties could work with a single court and gain access to needed information more quickly. The parties could then take information gathered during pretrial procedures and pursue their individual lawsuits as they saw fit. The aggregation of pretrial activities did not prejudice the continuation of the individual lawsuits. If a litigant or his or her attorney believes that a case would benefit from multidistrict litigation, he or she may make a motion of transfer to the MDL Panel. Additionally, if the MDL Panel sees several related cases developing in different districts that would benefit from multidistrict litigation, the panel may order a transfer without waiting for a motion to do so. The MDL Panel must give notice to parties involved with actions for which transfers are under consideration. The MDL Panel uses its own rules of procedure, and lawyers also use practice manuals and other resources for guidance on multidistrict procedures. While multidistrict litigation simplifies many aspects of pretrial procedures, it is a specialized area of federal trial procedure that should be undertaken only by attorneys with experience in the area. Checklist: Disputing a Health Insurance DenialTo read and printout the Checklist please click below. Disputing a Health Insurance Denial You can download a free copy of Adobe Acrobat Reader here. Copyright © 1994-2006 FindLaw, a Thomson business DISCLAIMER: This site and any information contained herein are intended for informational purposes only and should not be construed as legal advice. Seek competent legal counsel for advice on any legal matter. |
