FOLLOW US

Mon

August 24, 2026

America June 5, 2024 7 mins read

Federal Judiciary Approves New Rules for MDL Management

America ı By Rochdi Rais

0 Comments

Federal Judiciary

Rulemaking gatekeepers for the federal judiciary Tuesday capped off seven years of strife in the defense and plaintiffs bars by backing a milestone measure aimed at optimizing multidistrict litigation, and then promptly greenlighted an entirely different war of words over new efforts to ferret out amicus briefs from "paid mouthpieces" masquerading as independent experts.

The dual developments occurred at the Judicial Conference's main policy panel, which stamped its approval on the first rule governing MDLs — vast sets of comparable cases often alleging harm from products or practices — and separately endorsed publication of a proposal to require greater transparency and court permission for appellate amicus briefs.

With respect to MDLs, the panel — known as the Committee on Rules of Practice and Procedure, or simply the Standing Committee — unanimously gave final approval to Federal Rule of Civil Procedure 16.1, which started taking shape in 2017 and repeatedly evolved amid intense acrimony.

"A number of people have contributed to the long, hard work on 16.1," U.S. District Judge Robin L. Rosenberg, who chairs the Advisory Committee on Civil Rules and famously obliterated a major MDL involving the heartburn drug Zantac, said at Tuesday's meeting. "We heard from attorneys and others on both sides of the V, and from mass torts and class action attorneys, [and] each had their own positions and ideas."

Those positions and ideas ultimately came together into a largely optional guide for MDL management, and lawyers for both corporations and consumers characterized it Tuesday as a sensible compromise.

"I am impressed by the balance the committee tried to strike," Elizabeth J. Cabraser of Lieff Cabraser Heimann & Bernstein LLP, a panel member and one of the plaintiffs bar's top attorneys for MDLs, said at Tuesday's meeting. "I don't think it could ever be perfect … but I think it's sufficient in terms of trying to be flexible."

Sue Steinman, senior policy director at the American Association for Justice, which advocates for trial lawyers, echoed that comment, telling Law360 that the rule "prioritizes important MDL management issues," and that the AAJ "applauds the balance of flexibility and structure provided by Rule 16.1."

The rule's structure is essentially a template for how judges and lawyers can efficiently organize MDLs and steer them toward bellwether trials, settlements, or both, depending on the circumstances. It recommends an initial management plan, advises parties to consider appointing leadership counsel, and urges the early creation of a report describing "how and when the parties will exchange information about the factual bases for their claims and defenses."

The information exchange provision was a major focus of the defense bar, which has portrayed MDLs — which often contain thousands of lawsuits — as increasingly plagued by meritless claims that piggyback on potentially legitimate cases in hopes of scoring a slice of settlements before facing scrutiny.

"There has been and will continue to be significant debate about the details of the [rule]," Kimberly Branscome, a partner at Paul Weiss Rifkind Wharton & Garrison LLP, told Law360 after Tuesday's meeting in Washington, D.C. "However, a [rule] specifically governing MDLs will be a key step forward in helping judges and practitioners navigate the complex landscape of mass torts."

Shook Hardy & Bacon LLP managing partner Phil Goldberg, who watched Tuesday's proceedings, told Law360 in a Tuesday interview that the outcome will facilitate early analysis under Federal Rule of Civil Procedure 11(b), which forces plaintiffs counsel to certify their "factual contentions have evidentiary support or ... will likely have evidentiary support after a reasonable opportunity for further investigation or discovery."

"It's something that is important to us, and important to making sure that MDLs can focus on real claims affecting real people, and are not going to be places where claims are stockpiled regardless of whether they can even support the fact that they use the product or have the injury that the MDL is dealing with," Goldberg said.

Big business and BigLaw have fought vigorously to shape the MDL rule, with the campaign largely led by Lawyers for Civil Justice, which counts dozens of multibillion-dollar corporations and powerhouse law firms among its members.

Alex Dahl, general counsel of Lawyers for Civil Justice, reacted favorably to Tuesday's vote, saying in a statement that "if employed appropriately, the new rule will prevent meritless claims from being asserted in the first place and also give courts a new management tool for addressing any such claims that are filed."

Although the rule still requires approval by the Judicial Conference and the U.S. Supreme Court, Tuesday's vote all but ensures its adoption. And while it's not set to take effect until December 2025, its influence might be felt before it's officially on the books.

"There's no reason to wait for official adoption for MDL judges to look at this and be guided by it and make decisions as a result of this rule," Goldberg said.

As the Standing Committee on Tuesday steered the Rule 16.1 saga toward its final destination, it also hit the accelerator on a brand-new policymaking adventure. At issue are proposed amendments to Federal Rule of Appellate Procedure 29, which deals with the content and form of amicus briefs from individuals or organizations that want to share perspective on a case.

Many of the proposed amendments would require new or different disclosure of financial links, such as whether counsel or a litigant contributed 25% or more of an amicus filer's revenue, or whether someone earmarked dollars specifically to bankroll a brief. A committee note accompanying the proposal did not mince words about the impetus.

"Earmarked contributions run the risk that the amicus is being used as a paid mouthpiece by the contributor," the note said, adding that courts have an interest in "evaluating whether an amicus is serving as a mouthpiece for a party, thereby evading limits imposed on parties in our adversary system and misleading the court about the independence of an amicus."

Other aspects of the proposal would require nongovernmental parties to obtain a judge's consent before filing a friend-of-the-court brief. That idea generated widespread criticism at Tuesday's meeting from panelists who voiced worries about harming civic participation, straining overburdened courts, and putting everyone through a pointless permission process.

"Even if [a brief] is not helpful at all, a lot of times, you just let it in, because it's a way for people to express their views to the court, which I think is a very important part of the openness of our process," U.S. Circuit Judge Patricia A. Millett of the D.C. Circuit, one of the proposal's most strident critics on Tuesday, said at the meeting.

That view was seconded by U.S. Circuit Judge William J. Kayatta Jr. of the First Circuit, who said, "I share the concerns of Judge Millett. … I don't see why we're having a requirement that people seek leave for something that's essentially going to be automatically granted all the time anyhow."

Panel member Louis A. Chaiten of Jones Day also pointed out that the U.S. Supreme Court, in a policy that took effect in 2023, eliminated the consent duty for amicus filings.

"I do think it's a little odd that this rule is going against the precedent that the Supreme Court set in their revision last year to allow amicus briefs without consent or motion," Chaiten said.

U.S. Circuit Judge Jay S. Bybee of the Ninth Circuit, who chairs the Advisory Committee on Appellate Rules, nonetheless encouraged panelists to authorize the proposal's publication, while also acknowledging that the associated public comment period is likely to be boisterous.

"It is clear that our proposal is going to generate a lot of public controversy," Judge Bybee said Tuesday. "[But] we're at that Goldilocks moment in which we have to decide whether we've gone too far, haven't gone far enough, or whether it's just right. And we think that we need to hear from the public."

After the panelists accepted Judge Bybee's recommendation, Lawrence S. Ebner of the Atlantic Legal Foundation, which frequently files amicus briefs, quickly validated the judge's prediction, telling Law360 that the consent requirement would "create uncertainty that may deter preparation of amicus briefs that otherwise would facilitate appellate decision-making."

"At a time when the federal judicial system needs to be more, not less, transparent, requiring a motion for leave is an inexplicable step backwards," Ebner said.

Previous Article

McConnell Criticizes Seventh Circuit Nominee Maldonado Over Case Backlog

Read More
2770 Posts

Rochdi Rais

Rochdi Rais is the Head of Growth and financial and legal writer at USA Herald. He has been writing and editing financial, legal and U.S. news for years with over +4000 articles published during his career.

Discussion

No comments yet. Be the first to join the discussion!

Don’t Miss It
America August 21, 2026
Publix Blueberry Recall Escalates to FDA’s Highest Danger Rating
By – Rihem Akkouche
Breaking News August 21, 2026
Tyler Duckworth, ‘The Challenge’ Champion, Dies…

 The two-time MTV winner had been in front of an…

By – Ramzi Salem
High Profile Court Cases August 21, 2026
Alex Jones’ $45M Punitive Award Cut…

AUSTIN, Texas — The Texas Third Court of Appeals cut…

By – Michallie Harrison
High Profile Court Cases August 21, 2026
Pawleys Island School Closes After Sex-Offender…

PAWLEYS ISLAND, S.C. — Pawleys Island Christian Academy has closed…

By – Michallie Harrison
America August 21, 2026
Eric Swalwell Faces FBI Search as…

WASHINGTON — Former congressman Eric Swalwell is facing an escalation…

By – Jackie Allen
High Profile Court Cases August 20, 2026
Austin Metcalf’s Racist History Kept From…

MCKINNEY, Texas — Jurors who rejected Karmelo Anthony’s self-defense claim…

By – Michallie Harrison
America August 20, 2026
Ilja Dragunov Departs From WWE, Closing…

A wrestler once billed as “the Mad Dragon” has slipped…

By – Rihem Akkouche
America August 20, 2026
Ilja Dragunov Departs From WWE, Closing…

A wrestler once billed as “the Mad Dragon” has slipped…

By – Rihem Akkouche
America August 20, 2026
Comcast $117.5M Settlement Clears Final Hurdle…

A data breach that touched more than 31 million lives…

By – Rihem Akkouche
America August 20, 2026
Mitsubishi Electric to Acquire PCI Energy…

Mitsubishi Electric Corp. just planted a much bigger flag in…

By – Rihem Akkouche
America August 20, 2026
ISIS New York Capitol Attack Plot…

A plan authorities describe as both deliberate and deeply dangerous…

By – Rihem Akkouche
America August 20, 2026
KKR’s $9B UGI Bid Headlines a…

Wall Street’s rumor mill never really sleeps, but this week…

By – Rihem Akkouche
America August 20, 2026
Slayer’s Law Blocks Nick Reiner From…

The Slayer’s Law more commonly called a “slayer statute,” has…

By – Jackie Allen
America August 20, 2026
Slayer’s Law Blocks Nick Reiner From…

The Slayer’s Law more commonly called a “slayer statute,” has…

By – Jackie Allen
America August 20, 2026
Bitcoin Twins See Bitcoin’s $65,000 Level…

The Bitcoin Twins, Cameron and Tyler Winklevoss, are once again…

By – Jackie Allen
America August 19, 2026
Hayden Panettiere Death Investigation Heats Up…

 Police Seek Answers in Panettiere’s Final Hours A Death Investigation…

By – Jackie Allen
America August 18, 2026
Hayden Panettiere Remembered for her Acting…

Hayden Panettiere, the former child star who became internationally known…

By – Jackie Allen
America August 18, 2026
Penn State Cocaine Ring Used Pledges,…

HARRISBURG, Pa. — Fourteen people face charges in an alleged…

By – Michallie Harrison
America August 18, 2026
Homewrecker Lawsuit Puts North Carolina’s Rare…

Former Sen. Kyrsten Sinema is at the center of a…

By – Jackie Allen
America August 20, 2026
Robin Williams’ Children Reactivate His Instagram…

Inside This Report Zak, Zelda, and Cody Williams have relaunched…

By – Samuel Lopez
America August 19, 2026
Christian Metal Band Demon Hunter Declares…

INSIDE THIS REPORT Christian metal band Demon Hunter has sued…

By – Samuel Lopez
America August 19, 2026
Judge Removed After Saying Jury “Got…

INSIDE THIS REPORT A visiting judge removed Judge John Roach…

By – Samuel Lopez
America August 19, 2026
Did the Government Just Admit It…

INSIDE THIS REPORT Avi Loeb says government sources asked him…

By – Samuel Lopez
America August 19, 2026
Eight Years After Elon Musk Shot…

Key Takeaways Elon Musk’s Tesla Roadster has been traveling through…

By – Samuel Lopez
America August 19, 2026
A Near-Total “Blood Moon” Will Light…

Key Facts A deep partial lunar eclipse will be visible…

By – Samuel Lopez
America August 16, 2026
Perez Hilton’s Mother Seeks Temporary Custody…

By Samuel López | USA Herald Perez Hilton’s family has…

By – Samuel Lopez
America August 13, 2026
Taylor Farms Jalapeño Recall Salmonella Scare…

A single shipment of peppers has set off a chain…

By – Rihem Akkouche
America August 12, 2026
Heat Dome Brings Dangerous Temperatures Across…

A powerful Heat dome is expanding across the United States,…

By – Jackie Allen
America August 8, 2026
Joe Biden: Hunter Says the Prostate…

Former President Joe Biden is experiencing a worsening battle with…

By – Jackie Allen
America August 1, 2026
Stormed the Border: Spain Says 25,000…

CEUTA, Spain (AP) — Spanish authorities say thousands of migrants…

By – Jackie Allen
Breaking News July 29, 2026
Trump Ends Medicare Part D Subsidy,…

The Trump administration is ending a Medicare Part D subsidy…

By – Michallie Harrison
America August 17, 2026
Von Miller Cowboys Contract Brings Future…

Some homecomings happen quietly. This one came with a social…

By – Rihem Akkouche
America August 14, 2026
White House Denies Role in Josh…

LOS ANGELES — The White House is denying any role…

By – Michallie Harrison
America August 13, 2026
Prichard Colon Death: Once-Unbeaten Boxer Dies…

Prichard Colon never threw another punch after that October night…

By – Rihem Akkouche
America August 13, 2026
Tiger Woods and Nike: 27-Year Partnership…

Tiger Woods built one of the most lucrative athlete-brand partnerships…

By – Jackie Allen
America August 12, 2026
209 Triple-Doubles, Two Offers Declined: Russell…

There were two NBA teams ready to hand Russell Westbrook…

By – Rihem Akkouche
America August 11, 2026
Part 2. Archbald Faces Big Expansion…

In Archbald, Pennsylvania, a community of roughly 7,000 residents, the…

By – Jackie Allen

No posts found.

No posts found.

Signup for the USA Herald
exclusive Newsletter