The consolidated MDL action works by transferring the case to a single judge for pretrial proceedings. The main goal of MDL is to increase efficiency in the judicial system by reducing the large numbers of duplicate discovery processes and avoiding conflicting pretrial rulings.
MDL proceedings are governed by Rule 20 of the Federal Rules of Civil Procedure and 28 U.S.C. 1407. The Judicial Panel on Multidistrict Litigation (JPML) oversees and coordinates MDLs.
An MDL can be formed in one of two ways. The first way is for the JPML to sua sponte consolidate similar cases, which essentially grants an act of authority where no request has formally been made. The second way is for a party to file a motion with the JPML requesting consolidation.
Once an MDL is formed, the cases are transferred to a single district court where the MDL judge presides. The MDL judge oversees all aspects of the consolidated case, including pretrial proceedings, trial, and appeal.
The MDL process is designed to be flexible, and the MDL judge has significant discretion in managing the consolidated case. For example, the MDL judge may choose to bifurcate the case into separate phases for discovery and trial. The MDL judge may also choose to transfer some cases back to their original district court for trial if it is determined that they are not suitable for consolidation.
The U.S. Congress created the MDL system in 1968 to be fair to all parties involved. Each party is entitled to have their day in MDL court, and the MDL judge ensures that each party is treated fairly and receives a just outcome.