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ARTICLE · 01 OCTOBER 2018

And Now A Word From The Panel: An MDL Breakup

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Welcome to the latest installment of And Now a Word from the Panel, a column which "rides the circuit" with the Judicial Panel on Multidistrict Litigation ...

United StatesConsumer Protection
Alan Rothman
Alan Rothman
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Welcome to the latest installment of And Now a Word from the Panel, a column which "rides the circuit" with the Judicial Panel on Multidistrict Litigation as it meets on a bimonthly basis at venues around the country.

As the panel heads to San Francisco, California, for its Sept. 27 hearing session, it continues the trend this year of double-digit petitions for new MDLs being heard at its bimonthly hearing. This month, the panel faces a sizable docket of 10 new MDL petitions for its consideration (with additional petitions deemed moot).

This month's column explores the power of the panel to "break up" – through severance and remand – certain claims in an action otherwise subject to MDL transfer to an existing MDL proceeding. But before exploring a decision on a motion to vacate a conditional transfer order reflecting this principle, let's look at other results from the panel's July hearing session held in Santa Fe, and an overview of the panel's progress this year.

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