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ARTICLE · 01 OCTOBER 2018

Plaintiffs' Lead Counsel Off The Hook In Yaz MDL

Multidistrict litigation is not special.

United StatesLitigation, Mediation & Arbitration

Multidistrict litigation is not special. By making this pithy observation, we do not mean to denigrate what has become the mother of all procedural mechanisms. What we mean is that multidistrict litigation is, at its core, nothing more than a bunch of venue transfers, bringing multiple cases involving common issues before a single district judge for coordinated pretrial proceedings. The MDL statute does not grant an MDL judge any extraordinary or special powers. In fact, the statute purports to augment a district judge's prerogative in only one way: An MDL judge "may exercise the powers of a district judge in any district for the purpose of conducting pretrial depositions." 28 U.S.C. § 1407(a).

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