The Case for MDL Reform: Addressing the Flaws in a Critical System

Minnesota associates Hannah Anderson and Andrew Jackson take a playful swipe at the multidistrict litigation (MDL) system, likening its flaws to an old car that needs “a close look under the hood.” In their article, “The Case for MDL Reform: Addressing the Flaws in a Critical System,” that appeared in the March 2020 edition of Bench & Bar of Minnesota, published by the Minnesota State Bar Association, the authors discuss the history of the MDL system, identify its ailments and review a few of the most popular proposals for reform. Areas for consideration include the inconsistent application of the Federal Rules of Civil Procedure, the abundance of meritless claims, the ethical issues in third-party litigation funding and asymmetrical appellate reviews that largely prevent defendants from appealing judicial decisions that are not considered case-dispositive.