We are frequently asked, both within our firms and by external clients, for basic materials about the operation of the Judicial Panel on Multidistrict Litigation. Clients who are being drawn into the MDL process for the first time are curious; our colleagues who have never practiced before the Panel need guidance. Here are the references that we usually share.
First, so far as we are aware, there’s only one book about practice before the MDL Panel:
· David F. Herr, Multidistrict Litigation Manual (2006).
In addition, there are a fair number of articles about practice before the MDL Panel. The following are the most useful:
· Gregory Hansel, “Extreme Litigation: An Interview With Judge Wm. Terrell Hodges, Chairman of The Judicial Panel On Multidistrict Litigation,” 19 Maine Bar J. 16 (Winter 2004).
· Note, “The Judicial Panel And The Conduct Of Multidistrict Litigation,” 87 Harv. L. Rev. 1001 (1974).
· Mark Herrmann, Geoffrey J. Ritts & Katherine Larson, “Multidistrict Litigation,” Statewide Coordinated Proceedings: State Court Analogues to the Federal MDL Process, ch. 2 (Thomson-West 2d rev. ed. 2004).
· Mark Herrmann, “To MDL Or Not To MDL? A Defense Perspective,” Litigation, Summer 1998.
· Patricia D. Howard, “A Guide to Multidistrict Litigation,” 124 F.R.D. 479 (1989).
· Earle F. Kyle, IV, “The Mechanics of Motion Practice Before the Judicial Panel on Multidistrict Litigation,” 175 F.R.D. 589 (1997).
· John L. Strauch and Robert C. Weber, “Multidistrict Litigation,” Business and Commercial Litigation in Federal Courts, ch. 11 (Robert L. Haig ed.) (West Group & ABA 1998).
· “Interview, Chair of Judicial Panel Sees Role as Gatekeeper,” The Third Branch, Nov. 2005, at 11.
· Comment, “The Judicial Panel on Multidistrict Litigation: Time for Rethinking,” 140 U. Penn. L. Rev. 711 (1991).
· Stanley A. Weigel, “The Judicial Panel on Multidistrict Litigation, Transferor Courts and Transferee Courts,” 78 F.R.D. 575 (1977).
With that bibliography in hand, practitioners will be reasonably well-armed for their first appearance before the MDL Panel.