Under 28 U.S.C. section 1407, the JPML may transfer civil actions involving common questions of fact to a single district when transfer serves the convenience of parties and witnesses and promotes just and efficient conduct.
Transfer is limited to pretrial proceedings.
Alternative Names:
1407 Transfer, MDL Transfer
Why it Matters?
The pretrial limitation is the statutory design that practice has largely displaced, since the Panel must remand cases at the conclusion of pretrial proceedings but very few are ever remanded. Most resolve in the MDL through global settlement, which means the transferee judge who was never intended to try the cases effectively determines their outcome. Understanding that gap explains why transferee court selection is contested so heavily.
Frequently Confused with
Related terms
Frequently asked questions
Is transfer limited to pretrial proceedings?
Does transfer affect state court cases?
