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Multidistrict litigations (MDLs)—cases that consolidate of similar federal claims filed across the country into a single “transferee” court—have grown dramatically over recent decades. MDLs currently comprise more than 400,000 active claims, and they have become the venue where we address critically important matters of public policy.
Transferee judges overseeing MDLs must make a range of rapid-fire decisions, sometimes in the face of limited legal authority.
The Rhode Center MDL Toolkit seeks to help. This Toolkit offers a range of resources—including more than 100 curated orders—to assist judges, clerks, and practitioners, as they seek to effectively manage and quarterback contemporary MDLs. In particular, the Toolkit offers information concerning how judges and litigants may approach six key sets of decisions:
We hope this tool will inform judges’ crucial organizational and management decisions, help attorneys navigate key milestones and identify major questions, and support litigants interested in better understanding the labyrinthine system that their claim has entered. Accordingly, each section walks through these decisions in detail—with annotated examples of myriad decisions made at each crossroads—and provides a range of additional sample orders.
We caveat, however, that this tool is a living document, and may not reflect all recent developments. We are continuing to build this tool—including by expanding these sections and by considering additional judicial decisions. To submit additional noteworthy orders, or to offer suggestions or feedback, please email legalprofession@law.stanford.edu with the subject line “MDL Toolkit.” Please click here for additional Rhode Center work on multidistrict litigation.
We are deeply grateful to all those in the Rhode Center network who offered insights, or submitted orders, to help inform this project. We are additionally grateful to former Rhode Center Student Fellows Alexandra Minsk and Cat Zhang for their assistance in the early development of this toolkit; to Kiran Wattamwar, for her web design expertise; to Gregg Webb, for offering his valuable MDL experience and insights; and Owen Foulkes, for guiding this project to its release. And, we thank Todd Venook, Brianne Holland-Stergar, and Professor Nora Freeman Engstrom, without whom this toolkit would not exist.
