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ARTICLE · 30 APRIL 2018

MDL Decision to Watch: A Flamethrower MDL?

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Earlier this month, the Panel denied a motion to create an MDL proceeding for four actions arising from the use of handheld torches that were attached to small gas cylinders.

United StatesLitigation, Mediation & Arbitration

The following recent developments at the Judicial Panel on Multidistrict Litigation provide some practical pointers when facing litigation in multiple jurisdictions.

MDL Decision to Watch: A Flamethrower MDL?

Earlier this month, the Panel denied a motion to create an MDL proceeding for four actions arising from the use of handheld torches that were attached to small gas cylinders. The Panel found that two of the four actions alleged a different defect from the other actions. As the Panel summed up its reasoning, "the defendants, products and circumstances of each plaintiff's injuries arising from use of a handheld torch vary considerably from action to action, and movants offer few concrete examples of duplicative discovery." The Panel also noted the relative dearth of actions at different procedural stages.

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