Mastery in the MDL: Maximizing the MDL Daubert Process

Imagine having the ability to defeat dozens, if not hundreds or even thousands of cases, with a single motion. From a defendant's perspective, finding the tool to accomplish that goal would be a dream come true. The process of multidistrict litigation (MDL), whereby federal cases from around the country are centralized in a single federal district court for coordinated pretrial proceedings, provides such an opportunity.

One of the most important features of product liability litigation is the role of the expert. Products cases often rise and fall upon whether a court will accept the methodology and testimony of an expert, particularly one who espouses an opinion as to whether the product at issue could cause, and in fact caused, the alleged injury. Under well-enshrined case law, the trial court plays an essential "gatekeeping" role in determining whether expert testimony is admissible in a particular case, commonly referred to in the federal system as "Daubert."