If there are multiple parties that suffered damages as a result of a common issue, a personal injury lawyer may suggest turning the case into a multidistrict litigation case. This can even be a federal case, applying federal law to get people the compensation that they are entitled to as a result of the actions of another party. By reading on, you can learn the basics of what you need to know about these types of cases.
What is MDL (Multi-District Litigation)?
Multi-district litigation (MDL) refers to civil cases that are in different jurisdictions, which are transferred to a single judge in consolidated pretrial proceedings. Cases can often be consolidated when they involve one or potentially more questions of fact, if the transfer is more convenient for the parties and their witnesses, and if the transfer is important to promote the efficiency and just conduct of a case. The primary goal of these types of cases is to avoid any duplication in the discovery, prevent pretrial rulings that are inconsistent with the other cases, and to conserve the resources of both the judiciary and each of the parties in the case.
There are a few benefits of multi-district litigation, which makes this an appealing option for plaintiffs. The two primary benefits of these types of cases include efficiency and the costs. The biggest reason for getting an MDL is the efficiency that it offers. These are efficient cases that also ensure the consistency of any rulings. In many cases, two different courts may rule differently in the same cases. This will prevent this situation from happening.
The other benefit is the cost. Sometimes these cases can be very costly to fight for the compensation that the plaintiff deserves. You may even run out of money before you can get the compensation you are entitled to. However, the costs to the plaintiff are reduced significantly with an MDL as the discovery isn’t duplicated and the resources are shared among all of the plaintiffs.
Understanding the Difference Between Multi-District Litigation and Class Action Lawsuits
What’s the difference between multi-district litigation and class action lawsuits? With a class action lawsuit, you have a single lawsuit that is filed by a larger group of plaintiffs, each of which have suffered similar injuries or damages from the same party or parties. Each of the individuals within the class will consolidate their claim into one case. If the claim deals with some federal laws, this case will be handled in a federal court.
A multi-district litigation can often involve multiple lawsuits filed by the various parties in the case. Different aspects of the legal actions will be consolidated for the convenience of pre-trial proceedings. These proceedings include discovery and can sometimes be sent back to the court they originated from for the trial.
Will My Case be Consolidated into a Multi-District Litigation?
A judicial panel will be responsible for determining whether or not a case can be consolidated into a multi-district litigation case. This panel consists of 7 sitting federal judges, who were appointed by the United States Supreme Court Chief Justice. None of these judges can be from the same circuit and they only serve staggered 7-year terms.
The Creation of Multi-District Litigation
MDLs are created through a process that starts when any party petitions to have a group of the cases to be consolidated. The judicial panel, also known as the JPML, can also elect to consolidate these cases on their own. The judicial panel does hold regular hearings on this matter throughout the United States every couple of months to consider any multi-district litigation petitions.
The hearings typically begin with the judicial panel considering between 15 and 20 motions to create new MDL cases. The parties will appear for the oral arguments, sometimes having more than 20 lawyers argue their case. Should the judicial JPML grant these motions to consolidate, any pending cases will then be transferred to another transferee court. After this, any similar cases that are filed afterwards can be transferred to the multi-district litigation courts and then considered to be “tag -along” actions.
Types of Cases That Can be Consolidated into a Multi-District Litigation
Another common question that people have is what type of cases can be consolidated into an MDL. When it comes to MDLs, either an individual lawsuit or a class action lawsuit can be consolidated into a single MDL. This category can encompass a wide variety of different cases, such as antitrust price fixing, patient validity and infringement, mass torts, securities fraud, or employment practices.
What Powers Does the Multi-District Litigation Transferee Court Have?
MDL courts are focused on overseeing anything related to pretrial proceedings. This includes handling class certification issues, discovery, and any evidentiary and dispositive motions presented in the cases. They may also exercise all of the same powers that they would have in any other case that they may see as a federal judge.
Should an action survive any dispositive motions, the law code states that any actions “shall be” sent back to the courts in the original districts when the pretrial proceedings have concluded. While this is all true in theory, in practice the multi-district litigation courts will conduct at least one bellwether trial using various methods, including if the parties give their consent to having their trial in the transferee multi-district litigation court. Sometimes these cases get remanded, for the most part these cases are settled while they are in the MDL transferee court.
Conclusion
It may be worth considering having your case consolidated into an MDL, if your case qualifies for this. You can talk to your lawyer to determine if this is the right approach for your case and they will give you the advice that you need to make this decision. It can be a great idea because of the benefits that it offers, but you need to really take the time to weigh your options to see which works best for your needs. A lawyer with your best interests at heart will give you valuable advice during this process.
