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Who Will Manage Complex Civil Litigation? The Decision to Transfer and Consolidate Multidistrict Litigation

38 Pages Posted: 20 Aug 2013  

Margaret S. Williams

Federal Judicial Center; Visiting Scholar

Tracey E. George

Vanderbilt University - Law School

Date Written: September 2013

Abstract

The U.S. Judicial Panel on Multidistrict Litigation may transfer factually related actions filed in different federal districts to a single judge for consolidated pretrial litigation. This transferee judge has significant discretion over the management of the litigation, including ruling on dispositive pretrial motions. Nearly all cases are resolved without returning to the original district court. Thus, as a practical matter, the MDL Panel controls where these disputes will be litigated. And, the MDL Panel has substantial discretion in making that decision. In its first 44 years of existence, the Panel has transferred and consolidated nearly 400,000 lawsuits, including high‐profile securities and derivative lawsuits, large‐scale consumer actions, and mass torts involving products liability claims, common disasters, and air crashes. The Panel's transfer ruling has never been overturned. The current study provides the first systematic and comprehensive empirical investigation of the Panel's decision to transfer and consolidate pending federal civil lawsuits, examining the rationale for transfer and for the selection of a specific district court and judge to handle the consolidated litigation. We find that the Panel grants most motions to transfer and consolidate, but exercises meaningful discretion in choosing where and by whom the cases will be adjudicated. The MDL Panel is much more likely to assign cases to a district court where a current panelist sits and that is supported by at least one defendant and to a district judge who currently serves on the Panel. Thus, the composition of the Panel has a meaningful effect on where and how large‐scale litigation will be resolved.

Suggested Citation

Williams, Margaret S. and George, Tracey E., Who Will Manage Complex Civil Litigation? The Decision to Transfer and Consolidate Multidistrict Litigation (September 2013). Journal of Empirical Legal Studies, Vol. 10, Issue 3, pp. 424-461, 2013. Available at SSRN: https://ssrn.com/abstract=2312969 or http://dx.doi.org/10.1111/jels.12015

Margaret S. Williams (Contact Author)

Federal Judicial Center ( email )

Washington, DC 20002
United States
202-502-4080 (Phone)

Visiting Scholar ( email )

131 21st Avenue South
Nashville, TN 37203
United States

Tracey E. George

Vanderbilt University - Law School ( email )

131 21st Avenue South
Nashville, TN 37203-1181
United States

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