What is an MDL or Multidistrict Litigation?
Multidistrict litigation (or MDL) refers to a type of legal procedure designed to handle large groups of similar cases involving complex legal matters. The MDL system was created by Congress in 1968 to coordinate litigation that was filed in multiple districts in the federal court system. Unlike a class action lawsuit, in which one plaintiff or small group of plaintiffs brings legal claims on behalf of an entire Class of consumers, MDL refers to a group of individual lawsuits that have been consolidated into a single court. Each individual lawsuit in an MDL is spearheaded by a single plaintiff seeking damages for his or her specific injuries. MDLs are often created to organize lawsuits filed over injuries caused by a defective medical device or product.
How is an MDL Formed?
The U.S. Judicial Panel on Multidistrict Litigation (JPML) decides whether or not to consolidate a large number of similar lawsuits into a single MDL. The panel also determines where the cases should be transferred.
The biggest issue the JPML looks at when determining if lawsuits should be handled in one court is whether they involve common issues of fact, such as a drug that may be linked to a certain side effect or a product defect that may have caused a large number of consumers to suffer a certain type of injury.
What is the Benefit of Multidistrict Litigation (MDL)?
The primary goals of MDL are economy and efficiency. By coordinating the pretrial proceedings and motions, the parties are able to save time and money. An MDL reduces the number of times witnesses will be subjected to depositions, reducing the risk of having inconsistent answers over time. The MDL process also decreases the burden on the federal court system by assigning one judge to handle the pretrial proceedings for the cases involved in the MDL.
MDL also promotes consistent rulings among cases involving the same legal issues. Instead of having multiple judges issue independent ruling on the cases, one judge will oversee the litigation during the pretrial motions, discovery proceedings and settlement conferences.
Another benefit of the MDL system is that it increases the publicity for a certain legal issue. This awareness may help consumers realize they have a legal issue and they may be prompted to file their own lawsuits against the defendant.
Finally, some consumers may be awarded more money in an MDL than in a class action lawsuit. That’s because class action settlements are split among hundreds or even hundreds of thousands of Class Members. In an MDL, each plaintiff is suing based on their individual injuries, which means some plaintiffs will be awarded more money than other plaintiffs, depending on the severity of their injuries.
What Happens if a Case in the MDL Goes to Trial?
The judge overseeing an MDL only handles pre-trial proceedings and settlement conferences. If a case is not dismissed and does not settle, it will be sent back to the court in which it was filed. The trial will take place in that court system and the ruling will be issued by the judge who handles the trial.
How Can I Join an MDL?
If you’re interested in joining an MDL, check out our Open Investigations to find out if anyone in our attorney network is currently representing clients who have suffered similar injuries or losses. You can use the form on the page to easily submit your information to the attorney, who will review your case and let you know if you qualify. If you don’t see an investigation that applies to you, use our Start a Class Action feature to submit your information to our attorney network.
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Will I Need to Testify in Court if I Participate in a Class Action Lawsuit?
One thought on What is an MDL or Multidistrict Litigation?
i opted in, was the best choice my attorneys said I had, but what if after all is done, it is not the best for me as the compensation is very little, or if those that opted out now have larger settlements, would i have other choices, based on perhaps being not told all of my options.