History Of MDL Flashcards
What does MDL stand for in United States law?
Multidistrict litigation
MDL refers to a special federal legal procedure designed to handle complex cases with numerous plaintiffs making similar claims.
What is the purpose of multidistrict litigation?
To speed the process for handling complex cases involving numerous plaintiffs
Examples include air disaster litigation and complex product liability suits.
What is the role of the Judicial Panel on Multidistrict Litigation (JPML)?
To decide whether cases should be centralized under the MDL statute and where they should be transferred.
What is a transferor court in MDL?
The court from which a case is sent for pretrial proceedings.
What is a transferee court in MDL?
The court to which cases are transferred for pretrial proceedings and discovery.
What happens if a case is not settled in the transferee court?
It is remanded back to the transferor court for trial.
What are ‘tag-along actions’ in the context of MDL?
Additional pending actions involving similar questions of fact that are centralized after initial centralization.
What is the MDL statute number in the United States Code?
28 U.S.C. § 1407
What historical event led to the creation of the MDL statute?
The antitrust scandal in the U.S. electrical equipment industry in the early 1960s.
What was the role of the Co-ordinating Committee for Multiple Litigation (CCML)?
To respond to the complexities of large-scale litigation and recommend a statutory framework for MDL.
Who was the chair of the CCML?
Alfred P. Murrah
What percentage of all pending federal civil cases were centralized into MDLs by the end of 2018?
51.9 percent
What are the top three categories of MDLs by percentage?
- Products liability (32.9%)
- Antitrust (24.1%)
- Sales practices (12.1%)
True or False: The MDL statute allows transferee courts to exercise discretion on remand for trial.
False
What major ruling did the U.S. Supreme Court make regarding self-transfers in MDLs?
It ruled that the MDL statute requires remand back to the transferor for trial.
What was a significant finding from a 2021 survey of MDL plaintiffs?
More than 75 percent said they were not kept informed about developments in their case.
What legal principle complicates MDL cases involving state law under diversity jurisdiction?
The Erie doctrine
Why does the JPML lack authority over actions pending in state courts?
Federal courts have limited jurisdiction and lack general jurisdiction of state courts.
What is the Civil Procedure Rules in relation to MDLs?
Reforms in English law influenced by the American experience with MDLs.
Fill in the blank: The MDL procedure has evolved from a ‘pretrial management tool’ toward an _______.
alternative dispute resolution medium
What is the largest and longest-lasting MDL?
MDL No. 875
As of 2011, how many cases had been transferred into MDL No. 875?
Over 121,000 cases
What was the primary purpose of the Manual on Complex Litigation?
To provide nonbinding guidelines for judicial management of MDLs.
What does ‘self-transfer’ refer to in the context of MDLs?
The practice of a transferee court transferring a case to itself for all purposes, including trial.
