Where bellwether trials do not produce settlement, the transferee court may suggest remand of remaining cases to their originating districts for trial. Remand may occur in waves rather than all at once.
Directly filed cases require the direct filing order to specify a destination.
Alternative Names:
Remand After Bellwethers, Wave Remand
Why it Matters?
Remand is the pressure mechanism available to a defendant when an MDL stalls, since dispersing cases to home districts removes plaintiff leadership's control and creates trial dates the defendant may prefer. Transferee judges are frequently reluctant while settlement remains possible, which makes the remand request as much a negotiating position as a procedural step. Wave remand allows testing the dynamic without committing the entire inventory.
Frequently Confused with
Related terms
Frequently asked questions
Why do defendants seek remand?
What is wave remand?
