Developments in Multidistrict Litigation: Subcommittee Sketches a New Rule 16.1

Product liability & mass torts associates Andrew Jackson, Hannah Anderson and Emilie Erickson coauthored an article in the American Bar Association’s (ABA) Mass Torts Litigation newsletter, exploring discussions of proposed rule changes to the multidistrict litigation (MDL) process and reactions from affected parties.

The authors noted that MDL proceedings might make their debut in the Federal Rules of Civil Procedure. They outline how the Advisory Committee on Civil Rules formed the Multidistrict Litigation Subcommittee, which has sketched a new rule — Federal Rule of Civil Procedure 16.1 — focused on encouraging the early exchange of information and appointment of plaintiffs’ leadership counsel.

Further, the authors explained that the goal of this rule is “to prompt the convening of a meet-and-confer session among counsel before the initial post-transfer case management conference with the court.” They also stated that the MDL Subcommittee may have a proposed draft of Rule 16.1 ready for public comment as early as March 2023.

The full article is available for ABA members.