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First MDL-Specific Rule in Effect December 1
Rule 16.1 requires parties address meritless claims early on in MDL proceedings
WASHINGTON, D.C. – November 25, 2025 – The first Federal Rule of Civil Procedure (FRCP) ever developed specifically to govern multidistrict litigation (MDL) proceedings will take effect on December 1st, and it will put vetting of claims on the agenda for an early conference among the parties. Rule 16.1 will provide a comprehensive structure for the initial management of MDLs, and one of its key features encourages the parties to exchange information at the outset about the factual basis of claims and defenses to help discourage or reduce meritless cases from infecting the management of MDLs.
Lawyers for Civil Justice (LCJ) and its members long have been concerned that essential rules that should apply to all federal civil cases are commonly bypassed in MDLs, especially those related to the vetting of claims. (Notably, Rule 16.1 clarifies that “[t]he Rules of Civil Procedure, including the pleading rules, continue to apply in all MDL proceedings.”) Prior to this Rule, ad hoc practices often resulted in many cases being filed in MDLs that either do not have proof of the signature injury or use or exposure to the product in question. These meritless cases, which account for approximately one-third of the claims in some mass-tort MDLs, can disrupt case management by complicating or even preventing settlement negotiations and upsetting the bellwether trial selection process. Notably, the percentage of federal civil cases incorporated into MDLs has risen dramatically over the past dozen years, from 29% in FY12 to around 70% in recent years, so the new rule comes at a time when more order and efficiency is needed to manage the MDL process.
In directly addressing the issue of meritless claims when discovered, the Rule notes that “the court may find it appropriate to employ expedited methods to resolve claims or defenses not supported after the required information exchange.” The Rule also clarifies that courts can order an early exchange of information “independently from the discovery rules,” to facilitate efficient MDL management and ensure compliance with the FRCP.
“Rule 16.1 is an important step forward in the efficient management of MDLs that for too long have been disrupted by a large volume of unexamined and meritless claims,” said Alex Dahl, LCJ’s General Counsel. “This rule should strongly discourage the filing of meritless claims and give courts and parties an effective mechanism for identifying and dismissing them at the early stages of a new MDL.”
Even before the Rule has taken effect, at least one court has incorporated the intent of Rule 16.1 in its management of an MDL. Earlier this year, the Federal District Court for the Northern District of Florida in the Depo-Provera Products Liability Litigation (MDL 3140) required every complaint to plead a “Requisite Physical Injury” from a specified list and provide proof that such injury “resulted from and/or was exacerbated by…use of a Requisite Product.” The judge overseeing this case, Judge Casey Rodgers, understands the problems of meritless claims in MDLs, having previously managed the largest MDL in history -- the 3M Combat Arms Earplug Products Liability Litigation (MDL 2885).
“The enactment of Rule 16.1 is a critical step in LCJ’s concerted effort over nearly 10-years to bring MDL proceedings within the FRCP, with particular attention to the problem of meritless claims,” said LCJ’s Executive Director Dan Steen. “As with the recently amended Federal Rule of Evidence 702, which sets clear standards for the admissibility of expert evidence, Rule 16.1 can fundamentally change practices, discourage the filing of meritless claims, and make it easier for courts and parties to prevent such claims from disrupting the MDL process. These key rule improvements reflect LCJ’s continuing mission to advocate for improvements to civil litigation rules that ensure fairness and efficiency in civil litigation.”
LCJ launched its Rules4MDLs campaign in April 2018 following its August 2017 Request for Rulemaking to the Advisory Committee on Civil Rules, which proposed amending the FRCP to solve several recurring problems in MDL proceedings. LCJ has a long track record of effective engagement in the rulemaking process, including the 2023 amendment to Federal Rule of Evidence 702 addressing the admissibility of expert evidence and the upcoming December 1st amendments to Rules 16(b)(3) and 26(f)(3) providing flexibility for more efficient types of privilege logs. LCJ’s current proposals include mandatory disclosure of third-party litigation funding (TPLF) contracts and amending Rule 23 to improve judicial evaluation of class action certifications.
LCJ’s advocacy for MDL rules, and specifically for an effective version of Rule 16.1, is reflected in its comment letters (additional comments here and here), and in a letter signed by in-house litigation counsels from 55 companies.
For more information on Lawyers for Civil Justice’s efforts to bring fairness, clarity, consistency and efficiency to all civil cases, please visit Rules4MDLs.com and lfcj.com or contact us at media@rules4mdls.com.
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