New Mass Tort Procedural Rules Have Taken Effect

On December 1, 2025, new Federal Rule of Civil Procedure 16.1 took effect, addressing a gap in the Federal Rules concerning how multidistrict litigation (MDL) should commence following consolidation. MDL is a procedural mechanism that allows civil actions involving one or more common questions of fact to be transferred to a single district court for pretrial proceedings. The Multidistrict Litigation Act, 28 U.S.C. § 1407, adopted in 1968, provides the vehicle for the Judicial Panel on Multidistrict Litigation (JPML) to transfer one or more actions for coordinated or consolidated pretrial proceedings. Since the creation of the JPML, MDLs have become a dominant part of the federal civil docket and now cover more than half of all pending civil cases in federal court.