MDL Appeals

July 4, 2005 Published Work
The National Law Journal
First established in 1968, the Judicial Panel for Multidistrict Litigation (JPML) has transferred thousands of cases for consolidated pretrial proceedings where transfer serves "the convenience of parties and witnesses" and promotes "the just and efficient conduct of such actions." 28 U.S.C. 1407(a). Multidistrict litigation (MDL) under § 1407 presents complicated appellate issues; knowing how, when and where to appeal an MDL court's order is critical. MDL cases must be remanded to the district courts where they were originally filed. Lexecon established a clear rule, but complicated the appellate environment.