‘MDL’ed:’ What the Federal Multi-District Litigation Process Means to Today’s Individual Plaintiff

Justin Ko Teres, New York University

Abstract

In a society witnessing a sharp increase in interconnectivity, from the products consumers use to the nationwide effects felt from a harm suffered in one locale, the importance of multidistrict litigation is growing in the United States. However, federal courts have promoted the practice of transferring cases via the M.D.L. Panel and the efficiency it brings, at the very real cost of the individuality present in plaintiffs' cases. A review of the Panel's practice and that of transferee judges is necessary to ensure that modes of efficiency and justice are observed for all plaintiffs and defendants in the federal judicial system.