Although the multidistrict litigation (MDL) statute permitting the transfer and consolidation of related cases pending in several federal district courts has been in place for over 40 years, whether it is a valuable, efficient and favorable procedural device for a particular litigation remains an open question that must be addressed each time the opportunity to consolidate arises.
How does a client, and its defense counsel in particular, determine whether or not to invoke the MDL statute, and what are some of the pitfalls that must be avoided? There are numerous strategic issues to consider when deciding whether to pursue an MDL and how to proceed before the MDL panel.
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