The Advisory Committee on Civil Rules began evaluating a proposed rule to address multidistrict litigation (MDLs) in 2017, making it one of the longest and most contentious new rules ever considered. AAJ has been heavily involved in the development and consideration of the rule throughout the rulemaking process, and successfully advocated for the elimination of several problematic components of the proposed rule through informal comments (such as mandatory interlocutory appeals, litigation funding disclosure, and mandatory plaintiff fact sheets).

Rule 16.1 is a litigation management rule for transferee judges, instructing parties to discuss a number of topics and provide a report to the transferee judge at the beginning of the litigation. AAJ filed a formal comment in March 2024 urging the Advisory Committee to adopt a final rule that provides flexibility and guidance without imposing unfeasible burdens on transferee judges and practitioners.

 

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