Vol. 8, No. 1, Pg. 20. The Nuts and Bolts of Multidistrict Litigation.

• Author: By Trudy Y. Hartzog and Wade H. Logan III

South Carolina Lawyer

1996.

Vol. 8, No. 1, Pg. 20.

The Nuts and Bolts of Multidistrict Litigation

20THE NUTS AND BOLTS OF MULTIDISTRICT LITIGATIONBy Trudy Y. Hartzog and Wade H. Logan IIIThis article will provide a brief overview of multidistrict litigation (MDL) practice and procedure under § 1407 of Title 28 of the United States Code and the Rules of Procedure of the Judicial Panel on Multidistrict Litigation.

GENERAL OVERVIEW OF MDL

Generally, MDL is a tool i ispd to consolidate large, complex, related cases for pretrial purposes in one court. Through MDL, the consolidated cases are sent to one judge for pretrial administration. Once the pretrial MDL administration is complete, the individual cases are remanded and each moves forward to its own trial.

MDL is commonly used in massive tort cases. For example, MDL is used to handle pretrial proceedings in asbestos personal injury and wrongful death cases. Other MDL examples are Dalkon Shield cases and airplane crash cases. Explanatory comments in this article will refer to asbestos litigation.

THE PURPOSE OF MDL

Section 1407 was enacted to provide statutory authorization for pretrial procedures in large, complex cases. The venue provision of § 1407 authorizes a temporary transfer of litigation pending in multiple districts to a single district for coordinated pretrial proceedings. The governing principles behind § 1407 and MDL are convenience and judicial economy. For example, since the discovery and pretrial proceedings involved in asbestos cases are generally similar, it is judicially convenient and efficient to have one judge oversee that phase of the cases.

STATUTES AND RULES

MDL is a creature of statutory law, 28 U.S.C. § 1407. Section 1407 has seven subsections. Subsection (a) sets forth the prerequisites for obtaining a transfer of an action to MDL for pretrial handling and the provision for remand to the original district court for trial. The remainder of the sections generally outline the procedural aspects of transfer to MDL. Some of these sections are highlighted below.

The statute specifically gives the MDL Panel the power to prescribe rules for the conduct of its business. In accordance with this power, the Panel has adopted Rules of Procedure of the Judicial Panel on Multidistrict Litigation. These Rules are comprehensive and govern practice and procedure before the MDL Panel.

There is also a manual, entitled Manual for Complex...