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ARTICLE · 08 JANUARY 2026

FRCP 16.1 Arrives: Will MDL Courts Embrace Its Tools?

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Effective 1 December 2025, Federal Rule of Civil Procedure 16.1 introduces the first formal procedural framework tailored to multidistrict litigation (MDL) proceedings...

United StatesLitigation, Mediation & Arbitration
David Fusco
David Fusco
Neil Scott
Neil Scott

Effective 1 December 2025, Federal Rule of Civil Procedure 16.1 introduces the first formal procedural framework tailored to multidistrict litigation (MDL) proceedings, aiming to address longstanding challenges in the management of complex, high-volume federal litigation.

Key Takeaways

Rule 16.1's Purpose

The new rule provides MDL transferee courts with an optional roadmap for early case management. After the Judicial Panel on Multidistrict Litigation (JPML) consolidates actions into an MDL, the transferee court is encouraged (but not required) to take three actions aimed at effective MDL case management. First, the transferee court “should schedule an initial management conference to develop an initial plan for orderly pretrial activity in the MDL Proceedings.” Fed. R. Civ. P. 16.1(a). Second, prior to the initial management conference, the transferee court “should” order the parties to submit a pre-conference report that addresses critical issues such as

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