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.
In re Bernzomatic and Worthington Branded Handheld Torch Prods. Liab. Litig. (MDL No. 2823)"
MDL Practice Pointer
If you are seeking creation of an MDL, be sure to explain to the Panel how all of the cases involve common facts. Conversely, if you are opposing an MDL, consider how the cases differ from one another. While this base of common facts may be particularly critical when there are a relatively small number of cases under MDL consideration, it is always a factor to be addressed.
See the pending MDL dockets by district.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
