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: What's in a Name?
Earlier this month, the Panel granted a motion to create an MDL for nine actions arising from a telephone, video and internet provider's alleged deceptive billing and other practices. The Panel rejected arguments against transfer based on the presence of putative state class actions arising under different state laws because:
- Common facts outweigh differing legal theories; and
- The putative statewide class actions are subsumed by the larger nationwide putative class actions.
Additionally, the Panel observed that a number of parties requested that the Panel rename the MDL proceeding. This would reflect the inclusion of a potentially broader range of actions. The Panel declined, noting that it was premature.
» In re CenturyLink Residential Customer
Billing Disputes Litig.
(MDL No. 2795)
MDL Practice Pointer
When considering an MDL motion, think about a name for the MDL proceeding. The Panel will consider suggestions of the parties, but reserves the right to change the name as the MDL advances and additional actions are considered for MDL transfer.
MDLs at a Glance
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.
