Foreward - 'MDL Problems' - A Brief Introduction and Summary
7 Pages Posted: 27 Mar 2019 Last revised: 2 Oct 2019
Date Written: January 1, 2018
Multidistrict litigation ("MDL") proceedings are administrative aggregations of separately filed actions that involve one or more common questions of fact. This low bar for transfer and coordination can result in the creation of mega cases that lump together for pretrial purposes tens of thousands of individually represented plaintiffs. Once considered the poor cousin of the class action, MDL proceedings now account for roughly forty percent of the federal civil docket. Their impact on the litigation landscape has sparked both hope and anxiety, among commentators.
Keywords: MDL, Civil Procedure
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