What in the H*** is a MDL?
The withdrawal of Vioxx, and more recently Bextra, has created a hum of corporate irresposibility and deception. Hundreds of Vioxx and an increasing number of Bextra lawsuits are filed. As these cases progress, you will here more and more on the topic of Multi District Litigation, or a "MDL." Below is some helpful information on an MDL and its procedural workings.
An MDL is an attempt to streamline litigation involving many individual lawsuits at the federal level. It is not in itself a class action lawsuit, but may include class actions lawsuits. It essentially brings together federal lawsuits from all over the country with common claims and injuries to determine pretrial matters.
Usually, an MDL is born out of a mass tort situation. A mass tort is defined as one or more actors injuring a great number of people by a common action or product. Products liability lawsuits present a good example of this, but mass torts and MDL's also include anti-trust, securities, and intellectual property cases among others. However, the numerosity of the lawsuits is not necessarily more important than the commonality of claims and common questions of fact.
The next step involves requests (usually made by the defense) for an MDL to be established. The requests are sent to the Judicial Panel on Multidistict Litigation ("JPML") under 28 U.S.C. §1407. The JPML is a panel of seven federal judges chosen by the Chief Justice of the Supreme Court. The panel meets at various places across the country and decides on the appropriateness of establishing an MDL, and if so, the district court where the MDL will reside.
For the Vioxx cases, the JPML met in Florida earlier this year. Counsel on both sides argued for favorable locations for the MDL. In reality, the JPML has its mind made up by the time of the hearing, but lawyers are allowed to argue for a specific location nonetheless.
As expected, the JPML ruled to consolidate all the cases, and picked the U.S. District Court for the Eastern District of Louisiana. You can see the JPML's Order here. All federal Vioxx cases will now slowly make their way to New Orleans. There, all pretrial motions are heard and ruled upon, before returning the individual case to the district court where it was filed for trial.
Once in the MDL, the direction and strategy involved with the case is controlled by Steering Committees. Lead counsel is then elected by both sides to lead the Steering Committee as the MDL progresses. Plaintiff's lead counsel can be found in this article.
This may seem confusing but don't worry, there is plenty of time to figure it out. MDL's usually take years to resolve. Up to date status can be found at the VIOXX MDL website.
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