Harmful products designed or manufactured by large corporations are often the cause of injuries and deaths. If you were harmed by products such as this, you may have called the number from an ad on tv and been put in touch with a firm that has protected your interest by submitting your case to be part of a Multidistrict Litigation or “MDL.” You likely have many questions regarding the distinction of Multi-District litigation and what it means for your case.
What does Multidistrict Litigation mean?
It can be a confusing process to be part of an MDL. Multidistrict litigation is a unique process wherein federal cases with the same or similar facts are transferred to one central federal court to be handled by one judge. One or more of the parties involved in the suit may request this transfer. A panel of seven federal judges designated by the Chief Justice of the United States has the responsibility for determining where and by whom the cases will be handled. Cases cannot be handled by just any judge – there is special training and experience needed to work with these cases.
Thereafter, all cases identified by the Court and the parties as having a common fact pattern which would benefit from being part of the consolidated case, are transferred to that court and judge for coordinated and consolidated pretrial proceedings. Cases filed after the MDL is formed may also have the opportunity to be filed directly into the MDL, saving time and costs.
What is the difference between an MDL and a Class Action Lawsuit?
MDL Case
- Involves MULTIPLE lawsuits
- Filed by separate parties
- Allows for individual client needs to be addressed
Class Action
- Involves a SINGLE lawsuit
- Filed by a large group of people
- The claims of all the people are consolidated into one legal action
How does an MDL work?
The chosen court puts together a team of attorneys to guide these cases towards resolution. This creates a “Steering Committee” made up of attorneys from across the nation to represent each side of the lawsuit. This legal counsel will look after all plaintiff cases or all defendants’ cases and also conducts discovery, depositions, and hearings that will affect some or all of the cases in the MDL.
Multidistrict litigation can give you more resources than an individual case and encourages the other side to settle cases much more quickly than when all cases are litigated as individual matters. At the same time, your attorney will continue to investigate your case and work with the legal team to ensure your case is given the individualized attention it deserves. It can be the best of both worlds!
At the end of litigation, both sides are allowed to choose cases that test the waters of the arguments for both sides, with both sides putting what they have deemed the best case to them forward. The cases chosen are called the Bellwether trials. These trials are unique to the MDL process and the number of cases chosen can vary based upon several considerations such as the number of cases filed into the MDL and the issues at hand. Once the cases are chosen, the Steering Committee will put its full force into litigating that one individual case. The intent of this process is to encourage each side to use the Bellwether trials as an indicator of how the remaining cases will be decided and promote settlements before all cases are tried.
Do I have an MDL case?
The following types of cases commonly qualify as MDLs:
- Mass disasters
- Dangerous drugs, medical devices, and other products liability claims
- Employment practices
- Intellectual property infringement
- Securities fraud
What should you expect?
The trials can be arduous and time-consuming. They may be postponed due to pandemic issues or court delays. However, both sides will continue to push cases to trial until a settlement is reached or all cases are resolved. This can be frustrating for plaintiffs, but if you have any questions or would like an update, do not hesitate to reach out to your counsel for them. Be sure to keep an eye out for all correspondence from your Counsel, as you never know when a settlement offer will be made!
What do you do now?
At Romano Law Group, our Mass Tort department is experienced in handling cases that are heading towards an MDL or have already been placed into an MDL. We pride ourselves in evaluating each case and treating each client in an MDL case no different than an individual case. Be prepared for constant communication, individualized attention, and direct contact with your attorney, not just a staff member. If you have a case in an MDL and want to discuss how we can assist you further, do not hesitate to give us a call.
Authored by Marjorie H. Levine, Esq.
