RESOURCES

LCJ Proposal & Other Comments

MDL Practices and the Need for FRCP Amendments

 

Proposals for Discussion with the MDL/TPLF Subcommittee of the Advisory Committee on Civil Rules

September 14, 2018

Comment to the Advisory Committee on Civil Rules and its MDL/TPLF Subcommittee

 

Ten Observations About the MDL/TPLF Subcommittee’s Examination into the Function of the Federal Rules of Civil Procedure in Cases Consolidated for Pretrial Proceedings

April 6, 2018

Request for Rulemaking to the Advisory Committee on Civil Rules

 

Rules for "All Civil Actions and Proceedings": A Call to Bring Cases Consolidated for Pretrial Proceedings Back Within The Federal Rules of Civil Procedure

August 10, 2017

 
 

Infographics

Congestion Grows Even As Cases Depart In
Dockets Change Concentration Does Not In
Caseload Infographic 3-6-19.jpg
 

Reports & Testimonies

MDL Imbalance: Why Defendants Need Timely Access To Interlocutory Review

U.S. Chamber Institute for Legal Reform

April 24, 2019

Rules 4 MDLs: Calculating the Case

 

A report by Lawyers for Civil Justice

October 4, 2018

Survey of Federal and State Disclosure Rules Regarding 
Litigation Funding

 

Patrick A. Tighe, Rules Law Clerk

February 7, 2018

 IN RE: Mentor Corp. Obtape Transobturator Sling Products Liability Litigation

 

In the United States District Court for the Middle District of Georgia Columbus Division

September 7, 2016

Testimony of John H. Beisner Before the Committee on the Judiciary United States Senate

 

The Impact of Lawsuit Abuse on American Small Businesses and Job Creators

November 8, 2017

MDL Proceedings: Eliminating the Chaff

U.S. Chamber Institute for Legal Reform

October 2015

 Bad for Your Health: Lawsuit Advertising Implications and Solutions

 

U.S. Chamber Institute for Legal Reform

October 2017

One Size Does Not Fit All: Multidistrict Litigation, Due Process, and the Dangers of Procedural Collectivism

Martin H. Redish & Julie M. Karaba, Northwestern University School of Law

September 22, 2014

MDL Standards and Best Practices

Duke Law Center for Judicial Studies

September 11, 2014

Case Studies

Case Study: Vioxx MDL and Settlement


Currently, rules and procedures in multidistrict litigation (MDL) cases are largely subject to the individual discretion and experience of the assigned judge, leading to inconsistencies across cases. In many MDL cases, there is no pretrial testing of claims, as the existing mechanism to do so in the Federal Rules for Civil Procedure (FRCP) is not practical at a large scale. 

Case Study: Phenylpropanolamine Product Liability (PPA) MDL


Today, procedures in multidistrict litigation (MDL) cases are largely subject to the individual discretion and experience of the assigned judge, rather than rules, which leads to inconsistencies across MDLs. In many MDL cases, there is no pretrial testing of claims, as the existing mechanism to do so in the Federal Rules for Civil Procedure (FRCP) is not always practical in MDLs, which can have hundreds or even thousands of cases. 

 
 

Fact Sheet

Why Federal Rules of Civil Procedure Need to Be Designed to Apply to Multidistrict Litigation Cases

 

The Federal Civil Caseload is Concentrated in MDLs: As of September 30, 2018, there were 301,766 civil cases pending in the federal district court system. Of those, 156,511 cases sat within 248 MDLs and accounted for 51.9 percent of federal civil cases.

Rules4MDLs is sponsored by Lawyers for Civil Justice, a national coalition of defense trial lawyer organizations, law firms, and corporations that promotes excellence and fairness in the civil justice system to secure the just, speedy, and inexpensive determination of civil cases. For more information, please contact Andrea Looney at alooney@lfcj.com.

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