Article · Litigation
Most of the Federal Docket, Where Almost No Case Is Decided: How Multidistrict Litigation Actually Works
28 U.S.C. § 1407
- Type
- Article
- Jurisdiction
- National
- Date
- 2025-01-09
- Topic
- Litigation
Multidistrict litigation now accounts for the majority of the federal civil docket, and almost none of those cases is ever tried or even individually adjudicated. The transferee court has authority only over pretrial proceedings and cannot try transferred cases without consent. The statute requires remand of what the court does not resolve, yet remand almost never happens, because the process is designed to produce a global settlement rather than a set of judgments. This article explains how transfer works and what the panel actually considers when it selects a district. It explains why the leadership appointment is the most consequential ruling in the litigation, and what leadership controls that individual counsel does not. It covers how bellwether trials generate information without binding anyone, and why trying one requires a waiver. It closes with common benefit funds, who pays them, and why the gap between the statutory design and the practical reality shapes every decision a party makes.
The full text of this document is available to Executive subscribers and above. See plans.