Multidistrict Litigation

Under 28 U.S.C. section 1407, the Judicial Panel on Multidistrict Litigation may transfer civil actions sharing common questions of fact to a single district for coordinated pretrial proceedings. Transfer is for pretrial purposes only.

Cases not resolved during pretrial proceedings are to be remanded to their originating districts for trial.

Alternative Names:

MDL, Federal MDL

Why it Matters?

MDL now accounts for a substantial share of the federal civil docket, and its practical effect differs from its statutory design: very few cases are actually remanded for trial, and most resolve through global settlement negotiated in the MDL. That reality gives the transferee judge enormous influence over outcomes, which is why the choice of transferee court is contested vigorously at the JPML stage.

Frequently Confused with

Related terms

Frequently asked questions

Are MDL cases tried by the transferee judge?

Not under the statute, which limits transfer to pretrial proceedings. In practice most cases settle in the MDL, and trials require a Lexecon waiver or direct filing.

Does an MDL resolve state court cases?

No. State filings proceed separately, which is why parallel coordination between federal and state proceedings is a standard feature of large mass torts.