What Is Multidistrict Litigation (MDL) in Federal Court?

Understanding MDL: The Basics

When hundreds or thousands of people are harmed by the same defective product, dangerous drug, or corporate misconduct, they often file lawsuits in federal courts across the country. Rather than having dozens of judges handle similar cases independently—potentially reaching conflicting decisions—federal law provides a mechanism to consolidate these cases for more efficient handling. This process is called multidistrict litigation, or MDL.

Congress created the MDL system in 1968 through 28 U.S.C. § 1407 after the federal courts struggled to manage massive antitrust litigation involving the electrical equipment industry. The goal was simple: bring similar cases together under one experienced judge who could manage pretrial proceedings efficiently while ensuring consistent rulings.
[Source: https://www.law.cornell.edu/wex/multidistrict_litigation]

How Cases Get Consolidated

The Judicial Panel on Multidistrict Litigation (JPML) decides which cases should be consolidated and where. This panel consists of seven federal judges appointed by the Chief Justice of the United States, with no two judges from the same federal circuit.

Either party to a lawsuit can file a motion asking the panel to consolidate cases, or the panel can act on its own initiative. The panel meets approximately every two months in different cities across the country to consider consolidation motions.

When deciding whether to create an MDL, the panel considers several factors:

Common questions of fact: Do the cases share similar factual issues that would benefit from coordinated handling?

Convenience of parties and witnesses: Would consolidation reduce burdens on everyone involved?

Efficiency: Would coordinated proceedings promote the just and efficient conduct of the litigation?

[Source: https://www.congress.gov/crs-product/IF11976]

The Role of the Transferee Judge

Once the JPML creates an MDL, it selects a single federal district court—called the “transferee court”—to handle all pretrial proceedings. The judge assigned to oversee the MDL becomes an expert in the factual and legal issues, making consistent rulings that apply across all consolidated cases.

The transferee judge has broad powers to manage the litigation, including:

• Coordinating discovery (the process of gathering evidence)
• Ruling on pretrial motions
• Appointing lead counsel to coordinate efforts among plaintiffs’ attorneys
• Facilitating settlement negotiations
• Selecting cases for bellwether trials

[Source: https://www.fjc.gov/subject/multidistrict-litigation-mdl]

What Are Tag-Along Cases?

After an MDL is created, newly filed cases involving the same issues are called “tag-along actions.” These cases are typically transferred to the MDL automatically once they come to the panel’s attention. This ensures that all related litigation proceeds together under the same judge’s supervision.

For example, in the recently created Roblox child safety MDL (No. 3166), the initial consolidation order covered 31 cases from 12 federal districts. But with 48 additional tag-along cases identified, the total number of consolidated cases continues to grow as more families come forward.

[Source: https://en.wikipedia.org/wiki/Multidistrict_litigation]

MDL vs. Class Action: Key Differences

Many people confuse MDLs with class actions, but they work quite differently:

Individual cases remain separate: In an MDL, each plaintiff maintains their own lawsuit with their own attorney. In a class action, one or a few plaintiffs represent everyone in the class.

Different damages: MDL plaintiffs can receive different amounts based on their individual circumstances. Class action members typically receive the same recovery.

No class certification required: MDLs don’t need to meet the strict requirements for class certification under Federal Rule 23.

Trial rights: MDL plaintiffs generally retain the right to individual trials. Class action members are bound by the class representative’s case.

[Source: https://www.drugwatch.com/legal/multidistrict-litigation/]

Bellwether Trials: Testing the Waters

Because trying thousands of individual cases would be impractical, MDL judges typically select a handful of representative cases for “bellwether trials.” These test trials serve several important purposes:

Evaluating case strength: Both sides see how juries respond to the evidence and arguments.

Informing settlement talks: Verdicts provide concrete data points for negotiating a global settlement.

Resolving legal issues: The judge’s rulings on key legal questions guide how other cases should proceed.

The selection process varies by MDL. Sometimes each side picks cases, sometimes the judge selects them, and often it’s a combination. The goal is to choose cases that represent the range of claims in the litigation.

[Source: https://clp.law.stanford.edu/bellwether-trials/]

What Happens After Pretrial Proceedings?

Under the MDL statute, cases that aren’t resolved during pretrial proceedings are supposed to be sent back (“remanded”) to their original courts for trial. In practice, however, this rarely happens. The vast majority of MDL cases settle before reaching trial.

When cases do settle, the MDL judge often oversees the settlement process, ensuring that the terms are fair and that all plaintiffs have the opportunity to participate. These “global settlements” can resolve thousands of cases simultaneously.

[Source: https://www.nolo.com/legal-encyclopedia/multidistrict-litigation-mdl-drug-lawsuits-32952.html]

The Growth of MDL Litigation

MDLs have become increasingly dominant in the federal court system. By the end of 2018, more than half of all pending federal civil cases—51.9%—were part of MDL proceedings. This represented over 156,000 individual cases consolidated into 248 MDLs.

The largest categories of MDL cases involve:

• Products liability (including defective drugs and medical devices)
• Antitrust violations
• Sales practices disputes
• Data breach litigation

The largest MDL ever was the 3M Combat Arms Earplug litigation, which at its peak included over 320,000 individual cases.

[Source: https://en.wikipedia.org/wiki/Multidistrict_litigation]

What This Means for Plaintiffs

If you’re considering joining an MDL or your case has been consolidated into one, here’s what you should know:

You still have your own case: Your lawsuit remains yours, with your own attorney representing your specific interests.

Pretrial proceedings are coordinated: Discovery and motions are handled together, which can save time and resources.

Settlement may take time: MDLs often take years to resolve, but coordinated proceedings can actually speed the process compared to individual trials.

Your individual circumstances matter: Unlike class actions, your recovery will depend on your specific injuries and damages.

The MDL system isn’t perfect—critics argue it can delay resolution and pressure plaintiffs into settlements—but it remains the primary mechanism for handling large-scale federal litigation efficiently.

The Roblox MDL

Multidistrict litigation provides a framework for managing complex cases involving many plaintiffs and common factual issues. By consolidating pretrial proceedings under a single experienced judge, the MDL system promotes efficiency, consistency, and judicial economy while preserving individual plaintiffs’ rights to their own cases and recoveries.
As technology companies face increasing scrutiny over child safety issues, MDLs like the Roblox litigation (No. 3166) demonstrate how this procedural mechanism continues to play a central role in holding corporations accountable for widespread harms.

Questions About an MDL? Get Clear Answers

Multidistrict litigation can be confusing, especially when you are already dealing with a stressful situation. Whether you are wondering how an MDL works, what it means for individual claims, or what the process could look like, getting accurate guidance early can help you avoid missed deadlines and bad assumptions.

Contact Alonso Krangle at [PHONE] for a free consultation and a confidential conversation about your rights. We will listen, explain the process in plain English, and help you understand what options may be available for your situation.