History Of MDL

Question 1

What does MDL stand for in United States law?

Answer 1

Multidistrict litigation

MDL refers to a special federal legal procedure designed to handle complex cases with numerous plaintiffs making similar claims.

Question 2

What is the purpose of multidistrict litigation?

Answer 2

To speed the process for handling complex cases involving numerous plaintiffs

Examples include air disaster litigation and complex product liability suits.

Question 3

What is the role of the Judicial Panel on Multidistrict Litigation (JPML)?

Answer 3

To decide whether cases should be centralized under the MDL statute and where they should be transferred.

Question 4

What is a transferor court in MDL?

Answer 4

The court from which a case is sent for pretrial proceedings.

Question 5

What is a transferee court in MDL?

Answer 5

The court to which cases are transferred for pretrial proceedings and discovery.

Question 6

What happens if a case is not settled in the transferee court?

Answer 6

It is remanded back to the transferor court for trial.

Question 7

What are ‘tag-along actions’ in the context of MDL?

Answer 7

Additional pending actions involving similar questions of fact that are centralized after initial centralization.

Question 8

What is the MDL statute number in the United States Code?

Answer 8

28 U.S.C. § 1407

Question 9

What historical event led to the creation of the MDL statute?

Answer 9

The antitrust scandal in the U.S. electrical equipment industry in the early 1960s.

Question 10

What was the role of the Co-ordinating Committee for Multiple Litigation (CCML)?

Answer 10

To respond to the complexities of large-scale litigation and recommend a statutory framework for MDL.

Question 11

Who was the chair of the CCML?

Answer 11

Alfred P. Murrah

Question 12

What percentage of all pending federal civil cases were centralized into MDLs by the end of 2018?

Answer 12

51.9 percent

Question 13

What are the top three categories of MDLs by percentage?

Answer 13

• Products liability (32.9%)
• Antitrust (24.1%)
• Sales practices (12.1%)

Question 14

True or False: The MDL statute allows transferee courts to exercise discretion on remand for trial.

Answer 14

False

Question 15

What major ruling did the U.S. Supreme Court make regarding self-transfers in MDLs?

Answer 15

It ruled that the MDL statute requires remand back to the transferor for trial.

Question 16

What was a significant finding from a 2021 survey of MDL plaintiffs?

Answer 16

More than 75 percent said they were not kept informed about developments in their case.

Question 17

What legal principle complicates MDL cases involving state law under diversity jurisdiction?

Answer 17

The Erie doctrine

Question 18

Why does the JPML lack authority over actions pending in state courts?

Answer 18

Federal courts have limited jurisdiction and lack general jurisdiction of state courts.

Question 19

What is the Civil Procedure Rules in relation to MDLs?

Answer 19

Reforms in English law influenced by the American experience with MDLs.

Question 20

Fill in the blank: The MDL procedure has evolved from a ‘pretrial management tool’ toward an _______.

Answer 20

alternative dispute resolution medium

Question 21

What is the largest and longest-lasting MDL?

Answer 21

MDL No. 875

Question 22

As of 2011, how many cases had been transferred into MDL No. 875?

Answer 22

Over 121,000 cases

Question 23

What was the primary purpose of the Manual on Complex Litigation?

Answer 23

To provide nonbinding guidelines for judicial management of MDLs.

Question 24

What does ‘self-transfer’ refer to in the context of MDLs?

Answer 24

The practice of a transferee court transferring a case to itself for all purposes, including trial.