MDL Decision To Watch: It Takes Two To Tango

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

Earlier this month, the Panel reminded us of a basic, and simple, principle of MDL practice when it deemed an MDL motion moot in light of the dismissal of one of the two pending actions under consideration.

By its terms, the MDL statute (28 U.S. §1407) only applies in "civil actions . . . pending in different districts." At the time the MDL motion was filed, there were two federal actions—one in the Northern District of Illinois and one in the Western District of Texas. With the dismissal of the latter action in Texas, the prerequisite of at least two actions in a total of two federal districts was not met.