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: Clearing the (MDL) Decks
Earlier this month, the Panel denied a motion to create an MDL proceeding for a series of cases arising from the alleged false advertising of a deck-coating product's durability. In two of the four actions subject to the MDL motion, the parties had reached an agreement on settlement. The Panel found that an MDL proceeding "could delay the settlement approval proceedings with little or no benefit to the parties and putative class members." Creating an MDL relating to deck products could have the effect of hindering the parties' ability to "clear the decks" with a resolution.
» In re Behr Deckover Marketing and Sales Practices Litig. (MDL No. 2821)
MDL Practice Pointer
A successful opposition to an MDL motion can be unrelated to the facts of the underlying cases. If a settlement of actions subject to an MDL motion is on the horizon, consider whether an MDL proceeding could delay or even derail that process and include that argument in your motion papers before the Panel. In any event, MDL proceedings should not be viewed as simply a tool or vehicle for settlement.
MDLs at a Glance
» See the pending MDL dockets by district.
» Read Alan's most recent Law360 "And Now a Word from the Panel" article.
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.
