When pretrial proceedings conclude for a case, the transferee court may suggest that the Panel remand it to the transferor district. The Panel then issues a remand order.
Remand is required by statute at the conclusion of pretrial proceedings, though in practice most cases resolve before that point.
Alternative Names:
Remand Suggestion, Section 1407 Remand
Why it Matters?
Remand is the pressure mechanism defendants can use when an MDL stalls, because returning hundreds of cases to their home districts creates trial dates the defendant may prefer and disperses litigation the plaintiffs' leadership controls. Transferee judges are often reluctant to remand while settlement remains possible, so the request is as much a negotiating position as a procedural step.
Frequently Confused with
Related terms
Frequently asked questions
Who decides whether a case is remanded?
How does remand differ from remand to state court?
