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- Multidistrict_litigation abstract "In the United States, multidistrict litigation (MDL) refers to a special federal legal procedure designed to speed the process of handling complex cases, such as air disaster litigation or complex product liability suits.MDL cases occur when \"civil actions involving one or more common questions of fact are pending in different districts.\" In order to efficiently process cases that could involve hundreds (or thousands) of plaintiffs in dozens of different federal courts that all share common issues, the Judicial Panel on Multidistrict Litigation decides whether cases should be consolidated under MDL, if so, where the cases should be transferred. Cases subject to MDL are sent from one court, known as the transferor, to another, known as the transferee, for all pretrial proceedings and discovery. If a case is not settled or dismissed in the transferee court, it is remanded (that is, sent back) to the transferor court for trial.The MDL statute is 28 U.S.C. § 1407 in the United States Code. Section 1407 was enacted in 1968 as a belated response to a price-fixing scandal at General Electric in the early 1960s, which badly swamped the federal courts with a flood of criminal prosecutions and related civil litigation.Most MDLs involve a few dozen to a few hundred cases. The notable exception is MDL No. 875, based in the Eastern District of Pennsylvania, which is the largest and longest-lasting MDL. It was created in 1991 by the JPML to manage all asbestos personal injury and wrongful death cases in the federal courts. As of 2011, over 121,000 cases had been transferred into MDL No. 875, and over 108,000 cases had been settled, dismissed, or remanded, leaving about 13,000 pending.One controversial aspect of MDLs is that the MDL statute does not grant the transferee court any discretion as to remand for trial, even when both courts would prefer to keep the case in the transferee court for trial. After all, by the time a case reaches the trial stage, the transferee has become intimately familiar with the issues, the parties, and their attorneys (because the transferee court will normally have decided one or more motions for summary judgment at that point), while the transferor court must spend time catching up on what happened while the case was away in the MDL. Therefore, the JPML promulgated a court rule authorizing the transferee to try a case before itself, if it wished. In 1998, however, the U.S. Supreme Court ruled that the plain language of the MDL statute required remand back to the transferor for trial, and invalidated the JPML's rule. Congress has not yet amended the MDL statute to resolve this issue.Most corporate defendants prefer MDL proceedings. Not only can they consolidate all federal cases pending at the time the MDL consolidation request is granted, they can also bring in any subsequent federal cases (and most state cases as well) as so-called \"tag-along\" cases. Furthermore, from a defendant's point of view, it is more efficient and less dangerous to have each defense witness cross-examined in a single marathon deposition; otherwise, a witness may have to be deposed in hundreds of depositions around the country, which raises the risk that the witness may inadvertently give inconsistent testimony and destroy his or her credibility.When state law cases filed in federal court under diversity jurisdiction are consolidated into MDLs, the Erie doctrine comes into play and confronts federal district judges with some of the most difficult, multilayered legal questions they will ever see in their careers. The problem is that when sitting in diversity and asked to decide dispositive pretrial motions like the motion for summary judgment, the transferee court must apply the law of the state of the transferor court, which could be located anywhere in the United States. But in complex product liability cases such as airplane crashes, the victims might not even be American citizens and the plaintiffs' losses may not even have occurred within the borders of the United States, and of course, every U.S. state has its own choice-of-law rules. The result is that a MDL judge often has to sort through the laws of two, three, or four separate jurisdictions, none of which may be the state which the transferee court sits in, just to determine whether a plaintiff has a viable cause of action. Naturally, the lawyers in the proceeding must first educate themselves and the judge about the relevant laws from all those jurisdictions.As of 2008, the District of Minnesota was the busiest district for MDL cases, with 9 active MDL cases pending as of December 2011.".
- Multidistrict_litigation wikiPageID "5605924".
- Multidistrict_litigation wikiPageLength "5777".
- Multidistrict_litigation wikiPageOutDegree "20".
- Multidistrict_litigation wikiPageRevisionID "632439738".
- Multidistrict_litigation wikiPageWikiLink Asbestos.
- Multidistrict_litigation wikiPageWikiLink Aviation_accidents_and_incidents.
- Multidistrict_litigation wikiPageWikiLink Category:Civil_procedure.
- Multidistrict_litigation wikiPageWikiLink Category:United_States_law.
- Multidistrict_litigation wikiPageWikiLink Civil_procedure.
- Multidistrict_litigation wikiPageWikiLink Discovery_(law).
- Multidistrict_litigation wikiPageWikiLink Diversity_jurisdiction.
- Multidistrict_litigation wikiPageWikiLink Erie_doctrine.
- Multidistrict_litigation wikiPageWikiLink General_Electric.
- Multidistrict_litigation wikiPageWikiLink Judicial_Panel_on_Multidistrict_Litigation.
- Multidistrict_litigation wikiPageWikiLink Lawsuit.
- Multidistrict_litigation wikiPageWikiLink Product_liability.
- Multidistrict_litigation wikiPageWikiLink Summary_judgment.
- Multidistrict_litigation wikiPageWikiLink Supreme_Court_of_the_United_States.
- Multidistrict_litigation wikiPageWikiLink United_States.
- Multidistrict_litigation wikiPageWikiLink United_States_Code.
- Multidistrict_litigation wikiPageWikiLink United_States_District_Court_for_the_District_of_Minnesota.
- Multidistrict_litigation wikiPageWikiLink United_States_District_Court_for_the_Eastern_District_of_Pennsylvania.
- Multidistrict_litigation wikiPageWikiLinkText "MDL".
- Multidistrict_litigation wikiPageWikiLinkText "Multidistrict Litigation".
- Multidistrict_litigation wikiPageWikiLinkText "Multidistrict litigation".
- Multidistrict_litigation wikiPageWikiLinkText "multidistrict litigation".
- Multidistrict_litigation wikiPageWikiLinkText "multidistrict".
- Multidistrict_litigation wikiPageUsesTemplate Template:Reflist.
- Multidistrict_litigation wikiPageUsesTemplate Template:Usc.
- Multidistrict_litigation subject Category:Civil_procedure.
- Multidistrict_litigation subject Category:United_States_law.
- Multidistrict_litigation type Redirect.
- Multidistrict_litigation comment "In the United States, multidistrict litigation (MDL) refers to a special federal legal procedure designed to speed the process of handling complex cases, such as air disaster litigation or complex product liability suits.MDL cases occur when \"civil actions involving one or more common questions of fact are pending in different districts.\" In order to efficiently process cases that could involve hundreds (or thousands) of plaintiffs in dozens of different federal courts that all share common issues, the Judicial Panel on Multidistrict Litigation decides whether cases should be consolidated under MDL, if so, where the cases should be transferred. ".
- Multidistrict_litigation label "Multidistrict litigation".
- Multidistrict_litigation sameAs Q6934665.
- Multidistrict_litigation sameAs m.03bxjgk.
- Multidistrict_litigation sameAs Q6934665.
- Multidistrict_litigation wasDerivedFrom Multidistrict_litigation?oldid=632439738.
- Multidistrict_litigation isPrimaryTopicOf Multidistrict_litigation.