Mass Tort Multidistrict Litigation (MDL)

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Congress created Multidistrict Litigation proceedings (MDLs) in 1968 so that overlapping cases are centralized before a single judge for coordinated pre-trial proceedings, resulting in much more efficiency. Plaintiffs’ lawyers are also now using MDLs to bring meritless claims in the hopes that the sheer number of cases will pressure defendants into settlements. In 2018, 52 percent of all federal civil cases wound up in MDLs, of which about 90 percent were mass tort cases. Furthermore, the plaintiffs’ bar also groups together unrelated personal injury claims in multiple-plaintiff lawsuits as a trick to avoid federal jurisdiction, so the cases can be handled by a few “magnet” state courts. Read More...

A single judge can oversee tens of thousands of consolidated cases in a single MDL. This results in a very small amount of judges wielding an enormous amount of power over a majority of civil cases in federal courts. This creates a problem as MDL’s have different appeal rights for plaintiffs and defendants, where a plaintiff can immediately appeal a judge’s decision, and the defendant alternately has no timely or effective way to appeal. This ultimately leads to defendants being forced to settle. The current unequal treatment of defendants and plaintiffs is a clear imbalance that needs correction. In addition, the federal judiciary is looking at potentially changing the rules regarding MDL proceedings to help address this situation.

The Institute for Legal Reform (ILR) believes the Fairness in Class Action Litigation Act (FICALA) will make a number of significant changes to the class action litigation system that turn MDLs into a mechanism of extracting strong-armed settlements from defendants. FICALA would ensure federal court jurisdiction to limit state court magnet MDL proceedings, and mandate evidentiary support for plaintiffs’ claims to avoid baseless proceedings.

01/01/2019

Suggested Resources

Research
  • Trials and Tribulations: Contending with Bellwether and Multi-Plaintiff Trials in MDL Proceedings

    Trials and Tribulations: Contending with Bellwether and Multi-Plaintiff Trials in MDL Proceedings

    October 21, 2019

    Multidistrict litigation (MDL) proceedings are a key feature of our civil justice system, designed to offer an efficient path through pretrial proceedings in large groups of cases against the same defendant(s). Unfortunately, some judges are undermining the integrity of this mechanism by conducting MDL "bellwether trials" with the express intent of incentivizing parties to settle. Some MDL judges even force defendants to accept multi-plaintiff bellwether trials, which effectively stack the deck against them. ILR's research examines the impact of this problem, and proposes straightforward legislative fixes to address it. Read More

  • MDL Imbalance: Why Defendants Need Timely Access To Interlocutory Review

    MDL Imbalance: Why Defendants Need Timely Access To Interlocutory Review

    April 24, 2019

    Multidistrict litigation proceedings (MDLs) were created as an efficient way to handle pretrial proceedings in hundreds or thousands of similar cases against the same defendant. Unfortunately, MDLs also give plaintiffs an unfair advantage when it comes to appeals. If a defendant makes a dispositive motion-on preemption or expert evidence, for example-and is denied, it won't normally have access to immediate appeal. But if the defendant wins the motion, plaintiffs can appeal right away. This paper argues for courts to give MDL plaintiffs and defendants equal access to appellate review. Read More

All Results for Mass Tort Multidistrict Litigation (MDL)

  1. In the News Today -March 27, 2020

    March 27, 2020 | News

    Federal Judge Awards Plaintiffs' Lawyers More Than $114M In Legal Fees... Read More

  2. In the News Today - March 5, 2020

    March 05, 2020 | News

    A New York federal judge on Wednesday ordered the initiation of a fourth "wave" of multidistrict litigation over alleged defects in the ignition switches of some General Motors vehicles.... Read More

  3. Law Firms Set to Earn Hundreds of Millions in Fees Related to 15 Opioid Settlements

    March 04, 2020 | News

    About a dozen law firms are already set to earn nearly $160 million in fees related to 15 opioid settlements in Ohio and Oklahoma, and according to Law.com's review of the contracts associated with those settlements, that amount is likely to increase. ... Read More

  4. AGs Balk at Attorneys' Fee Bid in Opioid MDL

    February 25, 2020 | News

    A bipartisan group of 37 attorneys general say the fee model asked for by the plaintiffs' attorneys in the massive opioid multidistrict litigation proceedings are "well beyond what is necessary to ensure fair compensation for private counsel," Law360 reports.... Read More

  5. Negotiation Class Subverts Authority, States Say

    February 19, 2020 | News

    A group of 12 states and the District of Columbia urged the Sixth Circuit to stop the use of the "negotiation class" in the multidistrict opioid litigation in Ohio, Law360 reports.... Read More

  6. 2019 Winter | ILR Research Review | Volume 6, Issue 3

    December 19, 2019 | Research

    Our Winter 2019 Research Review looks at a number of legal trends that are creating increasingly complex litigation and compliance burdens for companies-leaving the door open for plaintiffs' lawyers to profit.... Read More

  7. Sixth Circuit To Review "Negotiation Class" Approval

    November 12, 2019 | News

    The U.S. Court of Appeals for the Sixth Circuit granted appeal last Friday of the decision to certify the novel "negotiation class" in the massive opioid-related multidistrict litigation proceedings in Ohio, Law.com reports.... Read More

  8. Trials and Tribulations: Contending with Bellwether and Multi-Plaintiff Trials in MDL Proceedings

    October 21, 2019 | Research

    Multidistrict litigation (MDL) proceedings are a key feature of our civil justice system, designed to offer an efficient path through pretrial proceedings in large groups of cases against the same defendant(s). Unfortunately, some judges are undermining the integrity of this mechanism by conducting MDL "bellwether trials" with the express intent of incentivizing parties to settle. Some MDL judges even force defendants to accept multi-plaintiff bellwether trials, which effectively stack the deck against them. ILR's research examines the impact of this problem, and proposes straightforward legislative fixes to address it. ... Read More

  9. GCs Call For Rule Changes to MDLs

    October 09, 2019 | News

    A group of 45 general counsel and chief legal officers sent a letter to the Committee on Rules of Practice and Procedure highlighting concerns with multidistrict litigation (MDL) proceedings, Corporate Counsel reports.... Read More

  10. In the News Today - September 27, 2019

    September 27, 2019 | News

    Group of Cities Say "Negotiation Class" May Be Unlawful; "Absolute Panic" Among Cities Facing Negotiation Class Deadline... Read More