mdl

The first Federal Rule focused specifically on multidistrict litigation—which has long been a staple of complex, high-stakes litigation—took effect on December 1, 2025, as part of the 2025 amendments to the Federal Rules of Civil Procedure. Continue Reading New Federal Rule of Civil Procedure Provides Guidance for Early MDL Case Management

The Sixth Circuit recently reversed a denial of a motion to compel arbitration in an MDL, where the district court had raised the issue of waiver of arbitration rights on its own and ruled defendant had waived the right even when there was no evidence it had knowledge of the right.  In Re Chrysler Pacifica Fire Recall Products Liability Litigation, — F.4th —-, 2025 WL 1904525 (6th Cir. Jul. 10, 2025).Continue Reading Sixth Circuit Enforces Arbitration Agreement After Lower Court Sua Sponte Found Waiver

Earlier this month, the Judicial Conference’s Advisory Committee on Civil Rules unanimously approved a proposed new rule to the Federal Rules of Civil Procedure to address case management of multidistrict litigation (“MDL”).  The rule is the first addition to the Federal Rules focused on MDLs, and it reflects an attempt to suggest a nationwide approach to MDL case management that tracks approaches to case management that MDL judges have often followed in practice while leaving MDL judges discretion to depart from the suggested procedures depending on the needs of a particular case.Continue Reading New Federal Rule of Civil Procedure for MDLs Approved by Advisory Committee