Managing MDLs

Abstract

MDLs serve as laboratories for procedural innovation where judges, attorneys, and other stakeholders can work together to develop creative solutions to complex case management challenges. From claim screening using AI tools, to sliding-scale common benefit fees, to new “pilot trials” to drive case closure, MDLs continue to evolve through experimentation. This experimentation is only possible because the rules that govern MDLs are flexible; there is no one-size-fits-all set of requirements. Convening participants tended to view this flexibility as a positive feature of MDLs, not a bug. Participants largely agreed that this flexibility permits transferee judges to tailor approaches to the unique demands of each litigation, and that MDLs can serve as incubators for practices that may eventually be adopted more broadly in civil litigation.

Details

Author(s):
Publish Date:
September, 2025
Publisher:
Stanford Law School
Format:
Report
Citation(s):
  • Nora Freeman Engstrom, Brianne Holland-Stergar, & Owen Foulkes, Managing MDLs, Deborah L. Rhode Center for the Legal Profession, September 2025.
Related Organization(s):

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