New Federal Rule 16.1 for Multidistrict Litigation: Tackling the Problem of Non-Meritorious Claims

Description

MDL accounts for approximately 70 percent of all civil cases in federal court, but the Federal Rules of Civil Procedure contain no special instructions or directives about how these unique and complex cases should be managed. In June 2024, the Judicial Conference's Committee on Rules of Practice & Procedure gave its final approval to the new FRCP 16.1, the first federal rule specific to MDL practice. Absent intervention by the Supreme Court or Congress, the rule will take effect on December 1, 2025.

FRCP 16.1 requires the parties to prepare a report that sets out their views on a variety of case management issues, which the MDL court considers in entering its initial case management plan. Rather than setting out strict rules, the FRCP 16.1 preserves MDL courts’ flexibility in crafting case management plans while still providing guidance on how to manage the litigation fairly and efficiently. The impact of the new rule on a specific MDL will therefore depend a great deal on how skillfully the parties and the court apply the rule.

Properly used, FRCP 16.1 represents a powerful tool for addressing many of the problems that plague MDLs. The new rule may help address one of the biggest problems in MDLs—the problem of meritless claims—by formalizing early exchanges of information about the factual bases for the parties’ claims and defenses in addition to traditional discovery. The Committee Note concerning this provision of the rule specifically acknowledges that courts may “employ expedited methods to resolve claims or defenses not supported after the required information exchange.”

Listen as our authoritative panel discusses the impact of the new rule, analyzes its significance, and provides practical guidance for capitalizing on the new rule.