Rules4MDLs

New Rule 16.1 began with @LCJReform’s Rules4MDLs effort 2017 proposal to amend the FRCP to solve several recurring problems, including widespread meritless claims, in MDL proceedings. Learn more about LCJ's work on Rule 16.1 here: bit.ly/49Hm4Kv

Some courts had already applied FRCP 16.1 before Dec 1, with Judge Casey Rodgers requiring proof of a “Requisite Physical Injury” tied to product use in the Depo-Provera MDL. Read more about the recent implementation of FRCP 16.1 here: bit.ly/4io0QUf

.@LCJReform has long warned that key civil rules were often bypassed in MDLs, especially around claim vetting. Rule 16.1 confirms that the FRCP, including the pleading rules, apply in every MDL proceeding. More on the new rule addressing meritless claims: bit.ly/4io0QUf

"One MDL abuse has been the ability of trial lawyers to gather huge plaintiff groups without first having to establish a factual basis for the individual claims." Read today’s @WSJopinion editorial on how new FRCP 16.1 will help prevent meritless claims in MDLs:

"The tort bar may not love the new rule, but it is good news for everyone else." Read more from @WSJopinion on FRCP 16.1 here:

Today’s @WSJopinion editorial explains that new Federal Rule of Civil Procedure 16.1 will reduce the influx of meritless claims in MDLs, which now represent 68% of the federal civil docket, up from 29% in 2012. Read the full editorial below:

Multidistrict litigation has soared as a share of the civil-lawsuit docket, and a new rule should limit its main abuses. on.wsj.com/3XNjuLF

“Rule 16.1 is an important step forward in the efficient management of MDLs that for too long have been disrupted by a large volume of unexamined and meritless claims,” said Alex Dahl, @LCJReform’s General Counsel. Learn more about FRCP 16.1 here: bit.ly/4io0QUf

New FRCP 16.1 provides a comprehensive structure for the initial management of MDLs, with the key feature of encouraging parties to exchange information at the outset to help prevent meritless cases from infecting the management of MDLs. Read more: bit.ly/4io0QUf

Meritless claims have overwhelmed federal mass-tort MDLs for years – until now. Rule 16.1 is now in effect, and if used appropriately, it will help discourage and reduce meritless claims from infecting MDLs. Read more here: bit.ly/4io0QUf

NEWS ALERT: Rule 16.1, the first Federal Rule of Civil Procedure (FRCP) ever developed specifically to govern MDL proceedings, takes effect December 1. This Rule puts the vetting of claims on the agenda for an early conference among the parties. Read more: bit.ly/4io0QUf

The recent rise in the % of civil cases in MDLs - from 29% in FY12 to recently hovering around 70% - highlights the need for thoughtful utilization of the new FRCP 16.1 to ensure that MDLs don’t get bogged down with claims that lack merit. Read more here: bit.ly/3GpYZzj

“If used properly, the new Rule 16.1 will give courts and parties a new tool to prevent claims that don’t belong in the MDL from interfering with the fair and efficient litigation of the key issues.” - LCJ's General Counsel, Alex Dahl. Read more here: bit.ly/3GpYZzj

The U.S. Supreme Court has submitted its proposed FRCP Rule 16.1 to Congress, marking the final step toward its implementation. Barring Congressional action, this new rule for MDL proceedings will take effect on December 1, 2025. More on Rule 16.1 here: bit.ly/3GpYZzj

Nearly 70% of federal civil cases are consolidated in MDLs as of fiscal year 2024, and the first MDL-specific Federal Rule of Civil Procedure is now set to take effect in December. Learn how Rule 16.1 will affect MDLs here: rules4mdls.com/copy-of-first-…

“The new Rule 16.1 of the Federal Rules of Civil Procedure also calls for parties to exchange information early on about the principal factual and legal issues in the MDL and factual bases for their claims and defenses.” More from @nateraymond/@reuters: bit.ly/458LoEy

The Committee on Rules of Practice and Procedure has approved Rule 16.1, the first multidistrict litigation-oriented rule. @LCJ has long advocated for such a rule and looks forward to seeing it be implemented and utilized. Read more here: bit.ly/45c4RUR

“The rule's structure is essentially a template for how judges and lawyers can efficiently organize MDLs and steer them toward bellwether trials, settlements or both, depending on the circumstances.” Read more from @JeffOverley/@Law360: bit.ly/4b775qh

NEW from LCJ: First MDL-Specific Rule Approved by Committee on Rules of Practice and Procedure: bit.ly/45c4RUR

"[The rule is] important to making sure that MDLs can focus on real claims affecting real people and are not going to be places where claims are stockpiled.” Read more about the Standing Committee’s approval of Rule 16.1, the first rule governing MDLs here bit.ly/4b775qh