Are there too many lawsuits in this country? Perhaps, but the
more relevant question is whether our system too readily
facilitates the filing of meritless claims, which not only clog the
judicial system, but deny those who may actually have grounds to
file a lawsuit their day in court. What few realize is that many of
the lawsuits are concentrated in a particular type of litigation.
As of the end of the last fiscal year, roughly 50% of the 301,766
pending lawsuits in federal court (excluding Social Security and
prisoner cases, except for death penalty cases) were occupied by
Multidistrict Litigation (MDL) proceedings. Under 28 U.S.C.
§1407 (the MDL statute), the Judicial Panel on Multidistrict
Litigation may centralize cases pending in different federal
judicial districts involving "one of more common questions of
fact" for pretrial purposes before a district court judge to
"serve the convenience of parties and witnesses and ...
promote the just and efficient conduct of
