An Act to provide for the temporary transfer to a single district for coordinated or consolidated pretrial proceedings of civil actions pending in different districts which involve one or more common questions of fact, and for other purposes
PL 90-296 (S.159), enacted 04/29/1968

82 STAT. ] 
PUBLIC LAW 90-296-APR. 29, 1968 
109 
Public Law 90-296 
AN ACT 
April 29, 1968 
To provide for the temporary transfer to a single district for coordinated or 
[S. 159] 
consolidated pretrial pnx'eedings of civil actions pending in different districts 
which involve one or more common questions of fact, and for other puriwses. 
District courts. 
Pretrial pro-
Be It enacted hy the Senate and Hou^e of RepreHentattveH of the 
United States of America In Congress assembled, That chapter 87 of 
title 28, United States Code, is amended by inserting therein after ceedlngs^ Trans-
section 1406: 
^^62 stat. 935. 
"§ 1407. Multidistrict litigation 
uoe"^^'^^' 
" (a) When civil actions involving one or more common questions of 
fact are pending in different districts, such actions may be transferred 
to any district for coordinated or consolidated pretrial proceedings. 
Such transfers shall be made by the judicial panel on multidistrict liti-
gation authorized by this section upon its determination that transfers 
for such proceedings will be for the convenience of parties and wit-
nesses and will promote the just and efficient conduct of such actions. 
Each action so transferred shall be remanded by the panel at or before 
the conclusion of such pretrial proceedings to the district from which it 
was transferred unless it shall have been previously teiminated: Pro-
vided, hoioever, That the panel may separate any claim, cross-claim, 
counter-claim, or third-party claim and remand any of such claims 
before the remainder of the action is remanded. 
"(b) Such coordinated or consolidated pretrial proceedings shall .^^W'^""^"* °^ 
be conducted by a judge or judges to whom such actions are assigned ^" ^^^ 
by the judicial panel on multidistrict litigation. For this purpose, upon 
request of the panel, a circuit judge or a district judge may be desig-
nated and assigned temporarily for service in the transferee district 
by the Chief Justice of the United States or the chief judge of the 
circuit, as may be required, in accordance with the provisions of chapter 
13 of this title. With the consent of the transferee district court, such 
^2 stat. 900; 
• 
" 7 2 
Stat 
A4-ft 
actions may be assigned by the panel to a judge or judges of such dis- 
28 use 291-
trict. The judge or judges to whom such actions are assigned, the 296. 
members of the judicial panel on multidistrict litigation, and other 
circuit and district judges designated when needed by the panel may 
exercise the powers of a district judge in any district for the purpose 
of conducting pretrial depositions in such coordinated or consolidated 
pretrial proceedings. 
"(c) Proceedings for the transfer of an action under this section 
initiation of 
may be initiated by— 
"(i) the judicial panel on multidistrict litigation upon its own 
initiative, or 
"(ii) motion filed with the panel by a party in any action in 
which transfer for coordinated or consolidated pretrial proceed-
ings under this section may be appropriate. A copy of such motion 
shall be filed in the district court m which the moving party's 
action is pending. 
"The panel shall give notice to the parties in all actions in which 
Hearings, etc 
transfer's for coordinated or consolidated pretrial proceedings are con-
templated, and such notice shall specify the time and place of any hear-
ing to determine whether such transfer shall be made. Orders of the 
panel to set a hearing and other orders of the panel issued prior to the 
order either directing or denying transfer shall be filed in the office of 
the clerk of the district court in which a transfer hearing is to be or has 
been held. The panel's order of transfer shall be based upon a record of 
such hearing at which material evidence may be offered by any party to 
an action pending in any district that would be affected by the pro-
ceedings under this section, and shall be supported by findings of fact 
110 
PUBLIC LAW 90-297-APR. 29, 1968 
[82 STAT. 
Panel circuit 
and district 
judges. 
Judicial review. 
62 Stat. 944. 
Rules of con-
duct. 
28 u s e app. 
Exemption. 
"Antitrust 
laws." 
and conclusions of law based upon such record. Orders of transfer and 
such other orders as the panel may make thereafter shall be filed in the 
office of the clerk of the district court of the transferee district and shall 
be effective when thus filed. The clerk of the transferee district court 
shall forthwith transmit a certified copy of the panel's order to transfer 
to the clerk of the district court from which the action is being trans-
ferred. An order denying transfer shall be filed in each district wherein 
there is a case pending in which the motion for transfer has been made. 
"(d) The judicial panel on multidisitrict litigation shall consist of 
seven circuit and district judges designated from time to time by the 
Chief Justice of the United States, no two of whom shall be from the 
same circuit. The concurrence of four members shall be necessary to 
anv action by the panel. 
(e) No proceedings for review of any order of the panel may be 
j)ermitted except by extraordinary writ pursuant to the provisions of 
title 28, section 1651, United States Code. Petitions for an extraordinary 
writ to review an order of the panel to set a transfer hearing and 
other orders of the panel issued prior to the order either directing or 
denying transfer shall be filed only in the court of appeals having 
jurisdiction over the district in which a hearing is to be or has been 
held. Petitions for an extraordinary writ to review an order to transfer 
or orders subsequent to transfer shall be filed onl^ in the court of 
appeals having jurisdiction over the transferee district. There shall be 
no appeal or review of an order of the panel denying a motion to 
transfer for consolidated or coordinated proceedings. 
"(f) The panel may prescribe rules for the conduct of its business 
not inconsistent with Acts of Congress and the Federal Rules of Civil 
Procedure. 
"(g) Nothing in this section shall apply to any action in which the 
United States is a complainant arising under the antitrust laws. 'Anti-
trust laws' as used herein include those acts referred to in the Act of 
October 15, 1914, as amended (38 Stat. 730; 15 U.S.C. 12), and also 
include the Act of June 19,1936 (49 Stat. 1526; 15 U.S.C. 13,13a, and 
13b) and the Act of September 26,1914, as added March 21, 1938 (52 
Stat. 116, 117; 15 U.S.C. 56); but shall not include section 4A of the 
Act of October 15,1914, as added July 7,1955 (69 Stat. 282; 15 U.S.C. 
15a)." 
SEC. 2. The analysis to chapter 87 of title 28, United States Code, 
is amended by inserting the following new section: 
"1407. Multidistrict litigation." 
after 
"1406. Cure or waiver of defects." 
Approved April 29, 1968. 
April 29, 1968 
[S.2912] 
Saline water 
conversion pro-
gram. 
Appropriations. 
75 Stat. 629; 
81 Stat. 78. 
Public Law 90-297 
AN ACT 
To autliorize appropriations for the saline water conversion program for fiscal 
year 1960, and for other purixtses. 
Be it enacted hy the Senate and House of RepTesentatiees 
of the 
United States of America in Congress assembled^ That section 8 of the 
Saline Water Conversion Act (66 Stat. 328), as amended (42 U.S.C. 
1951 et seq.) is further amended to read as follows: 
"SE(^. 8. There are authorized to be appropriated such sums, to 
remain available until expended, as may be specified in annual appro-