When faced with defending multiple actions filed in various district courts regarding the same or similar products or subject matter, consolidating these actions into a single multidistrict litigation (“MDL”) can be a highly effective way to promote efficiency and streamline the discovery process. Forming an MDL allows corporate defendants who would otherwise be forced to defend these litigations in individual cases around the country to handle all pretrial discovery before one federal court. This can ensure consistency in pretrial rulings across cases and conserve the resources of all involved.
MDLs can be used as a method to conduct bellwether trials to determine the value of the claims made by plaintiffs, which is especially useful when considering a global resolution. If a bellwether trial is the ultimate goal of your MDL, the first step in selecting a representative case is conducting a census of the entire litigation. In order to understand the cases that comprise your MDL, you need a thorough discovery plan in place from the very conception of the MDL.
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