Multidistrict litigation (MDL) is a civil court procedure that combines cases with common questions of fact pending in different federal district courts for consolidated pretrial proceedings for the convenience of the parties, witnesses and the judiciary.
Topic overview
MDL stands for multidistrict litigation. It’s a way of handling many cases (called mass torts) in a streamlined way. MDLs consolidate cases into one court. Each lawsuit remains separate, while discovery, motions and settlement negotiations work for the benefit of all claimants.
Key terms
- Class action: This is a civil court procedure that allows plaintiffs to file and prosecute a lawsuit on behalf of a larger group (called the class). Both class actions and MDLs aim to streamline the legal process, but these types of cases have several key differences.
- Bellwether trials: Bellwethers essentially test issues that provide the court and the litigating parties with the most information. This helps to drive resolution discussions.
- Discovery: This is the name for a pretrial process that involves the exchange of information and evidence between parties in a lawsuit.
- Mass tort: A mass tort is when a group of individuals experience similar harms from the same defendants. Class action lawsuits and MDLs are ways of handling mass torts.
- Motion: This is a formal request any party makes to the court for a desired ruling, order or judgment.
- Steering committees: These oversee the preparations and strategies of their respective side in an MDL lawsuit. Plaintiffs’ steering committees represent the interests of the people who’ve suffered harm.
- United States district courts: These are the trial courts of the federal court system. They have jurisdiction over nearly all federal cases, including civil and criminal cases.
What are the goals of multidistrict litigation?
The goals of multidistrict litigation include:
- Preserving time and resources: MDLs temporarily consolidate cases from several U.S. district courts into one federal district court. The court oversees pretrial activities for all parties involved, lessening the legal burden on the courts and the parties. MDLs also allow plaintiffs to pool their resources and coordinate their efforts when litigating cases.
- Encouraging consistent rulings: Lawsuits in an MDL contain common questions of fact, such as whether a pharmaceutical drug is linked to the plaintiffs’ injuries. Combining these lawsuits can lead to more consistent rulings.
- Overseeing settlements: An MDL judge oversees approval of global settlement agreements that resolve claims in the MDL.
How do cases get assigned to MDL?
Cases get assigned to MDL by the Judicial Panel on Multidistrict Litigation (JPML). The JPML decides if there are common questions of fact and selects the judge or judges and district court that will oversee the case.
What is the US Judicial Panel on Multidistrict Litigation?
The U.S. Judicial Panel on Multidistrict Litigation is a seven-judge panel appointed by the Chief Justice of the United States. No two members of the panel can be from the same federal judicial circuit. A Congressional act established the JPML in 1968.
The job of the JPML is to determine if civil actions pending in different federal districts have one or more common questions of fact. If so, the panel selects which district court will conduct the MDL pretrial proceedings. It will also assign one or more judges to the case.
Since its inception, the JPML has received more than 3,100 motions for consolidation. These motions have resulted in more than 1,800 MDL dockets involving more than 1.2 million cases.
How does multidistrict litigation work?
If either the plaintiffs or the defendant(s) chooses to consolidate the claims, they will need to file a Motion for Transfer of Actions before the JPML. The JPML then hears oral arguments and decides whether to approve the centralization of these cases. Finally, the JPML will assign the MDL to a designated federal district court, called the transferee court.
Once the JPML assigns the cases to a transferee court, the MDL judge at the transferee court will hear and decide all substantive decisions. The matters decided may include legal motions, discovery disputes, and settlement agreements. The judge may also dismiss some claims or even the entire MDL.
After the judge rules on the pretrial issues, cases in the MDL may be sent back (remanded) to the districts where they were initially filed. However, if parties agree to it, the judge may select a few cases for a “bellwether” trial. Bellwether trials allow parties to focus on key disputes and achieve resolution of issues that are going to drive overall case resolution.
If the bellwether trial is successful for the plaintiffs, the defendant may be more likely to resolve the remaining claims in the MDL with a global settlement.
MDL steering committees
Because most MDLs involve plaintiffs represented by different attorneys from different law firms, the court will usually appoint a plaintiffs’ steering committee (PSC) to communicate with the court on behalf of all plaintiffs in the MDL.
If there are multiple defendants, the MDL court may also appoint a defendants’ steering committee (DSC). However, in most cases, the defendant will appoint their own DSC with the court’s approval.
MDL steering committees guide each side’s preparation and strategies for the lawsuit. The PSC is often headed by a Lead Counsel or Co-Lead Counsels, and the committee routinely meets to strategize and assign casework.
What is the MDL settlement process?
The MDL settlement process will vary by case. Not all MDLs end in mass settlements.
Some MDLs may settle during the pretrial process and discovery. When this happens, all or most of the cases in the MDL get resolved, and few (if any) get remanded to their original districts for trial.
Generally, the MDL will move forward with a bellwether trial if there’s no pretrial global settlement. The outcome of the bellwether can shape how other cases in the MDL are resolved.
If the plaintiffs are successful in the bellwether, it may encourage the defendant to offer a global settlement.
The outcome of the bellwether can also influence MDL settlement amounts. If the court issues a significant judgment for the plaintiffs, the defense is more likely to offer a larger settlement. Less significant judgments may lead to smaller settlement offers.
How are MDL settlements paid?
In many MDL cases, the defendant will set up a fund to pay the plaintiffs’ claims. Plaintiffs can seek compensation from this global settlement fund if approximately 95 percent of them agree to the settlement.
Eligible plaintiffs receive financial awards based on factors set by the steering committees. These factors may include age, injury severity and resulting complications.
MDL settlement examples
Motley Rice has leadership experience in complex litigation, including MDLs and class action lawsuits. We have taken leading roles in mass tort actions involving dangerous medical drugs and devices, consumer fraud, toxic exposure and antitrust issues.
We are proud of the work done by our law firm in achieving multiple MDL settlements, including:
- American Medical Systems, Inc., Pelvic Repair System Products Liability Litigation: Joe Rice, with co-counsel, negotiated the original settlement deal for approximately 6,000 women injured by a transvaginal mesh device from AMS (American Medical Systems Inc.). Numerous subsequent settlements with AMS were modeled on this agreement.
- National prescription opiate MDL: Motley Rice attorney Joe Rice, as Chair of the Opioid Negotiating Committee, helped secure over $51 billion in settlements for communities across the country with defendants in the opioid supply chain.
Current Motley Rice MDL cases
Motley Rice is currently representing plaintiffs in ongoing multidistrict litigation. Our law firm is working on many MDLs, including:
- Abbott Laboratories, et al., Preterm Infant Nutrition Products Liability Litigation (MDL 3026): Parents of premature babies are suing Abbott and Mead Johnson for injuries allegedly caused by Enfamil and Similac baby formulas. The MDL claims that formulas caused their babies to develop necrotizing enterocolitis (NEC), a serious gastrointestinal issue.
- Glucagon-like Peptide-1 Receptor Agonists (GLP-1RAs) Products Liability Litigation (MDL 3094): This MDL involves GLP-1RA medications used to treat type 2 diabetes and promote weight loss. Plaintiffs claim these medications cause gastroparesis (stomach paralysis) and other gastrointestinal injuries. Drugs named in the MDL include Ozempic®, Mounjaro®, Wegovy® and Rybelsus®.
- Hair Relaxer Marketing, Sales Practices, and Products Liability Litigation (MDL 3060): Plaintiffs in this case allege they were injured by cancerous ingredients in toxic hair relaxer products. Plaintiffs allege that defendants made, marketed and sold harmful hair relaxers, even though they knew or should have known the products were dangerous.
- Johnson & Johnson Talcum Powder Products Marketing, Sales Practices and Products Liability Litigation (MDL 2738): This MDL alleges that Johnson & Johnson knew or should have known that prolonged use of talcum powder on the genital area is linked to the development of ovarian cancer.
- Paragard® IUD Products Liability Litigation (MDL 2974): This MDL involves claims that the Paragard intrauterine device (IUD) tends to break during removal. Plaintiffs allege the defective device causes injuries and complications, including pain and infertility.
- Roundup® Products Liability Litigation (MDL 2741): Plaintiffs in this MDL case claim that Monsanto’s Roundup weed killer caused them to develop non-Hodgkin lymphoma. Those injured allege Monsanto failed to include adequate warnings about the carcinogenic nature of Roundup’s primary ingredient, glyphosate.
- Social Media Adolescent Addiction/Personal Injury Products Liability Litigation (MDL 3047): Individuals, school districts, and states are suing social media platforms (like Instagram, Snapchat and TikTok) for their addictive and harmful effects on teens and children.
FAQs about multidistrict litigation
What is the difference between MDL and a class action lawsuit?
MDLs consolidate multiple lawsuits into one court, but the cases remain separate. In a class action, by comparison, a plaintiff, or group of plaintiffs, files a single lawsuit on behalf of an entire “class” of plaintiffs. The representative lawsuit decides the fate of the entire class, wherein the plaintiffs are typically awarded the same amount of damages.
What kind of cases are assigned to multidistrict litigation?
Most multidistrict litigation cases involve product liability. Product liability cases involve harm caused by:
- Contaminated food products
- Dangerous prescription and over-the-counter medications
- Defective consumer products
- Defective medical devices
- Defective vehicles and auto parts
- Environmental contamination
- Toxic exposure
What are the benefits of multidistrict litigation?
Multidistrict litigation can benefit plaintiffs in several ways. MDLs:
- Allow similarly injured plaintiffs to join the lawsuit, even after the initial MDL cases have been filed. Class actions can’t be joined once a suit is filed on behalf of the class.
- Allow plaintiffs to pool their resources against large, wealthy or powerful defendants.
- Allow plaintiffs to pursue their lawsuit in their original district if they disagree with the MDL settlement.
- Allow plaintiffs to receive a settlement reflective of their actual injuries and financial damages.
- Allow plaintiffs to retain their own legal counsel.
- Speed up and streamline the legal process, saving time and money.
Our MDL experience
Motley Rice attorneys have represented clients from across the country in dozens of MDL lawsuits. We take the job of protecting individuals, families and consumers seriously. We fight hard for justice for those injured by dangerous and defective pharmaceutical drugs, medical devices, and consumer products.