§1407 — Title 28 Judiciary and Judicial Procedure | U.S. Code

Summary

When civil cases in different federal districts involve the same facts, they can be moved to one district so their pretrial work can be handled together. A special group of judges called the judicial panel on multidistrict litigation (MDL panel) decides if moving the cases will help the parties and witnesses and make the process fair and efficient. Each moved case must be sent back to its original court at or before the end of the pretrial work unless the case ended earlier. The panel can send back parts of a case sooner. The pretrial work is done by judge(s) the panel assigns. The Chief Justice or a circuit chief judge can temporarily assign judges if needed, and the transferee court can agree to use its own judges. Those judges and the panel members may act with the powers of a district judge to run pretrial depositions. Transfers can start on the panel’s own motion or when a party asks the panel and files a copy in the court where the case began. The MDL panel has seven judges picked by the Chief Justice, with no two from the same circuit, and at least four must agree for action. Panel orders can only be reviewed by an extraordinary writ under 28 U.S.C. 1651, and such petitions must be filed in the specific court of appeals described by the panel’s rules. There is no appeal of an order denying transfer. The panel may make its own rules so long as they do not conflict with laws or the Federal Rules of Civil Procedure. The rule does not apply when the United States or a State is the complainant in an antitrust case; that term includes the acts of October 15, 1914 (15 U.S.C. 12), June 19, 1936 (15 U.S.C. 13, 13a, 13b), and September 26, 1914 as added March 21, 1938 (15 U.S.C. 56).

Title 28, §1407

Judiciary and Judicial Procedure — Source: USLM XML via OLRC

(a)When civil actions involving one or more common questions of fact are pending in different districts, such actions may be transferred to any district for coordinated or consolidated pretrial proceedings. Such transfers shall be made by the judicial panel on multidistrict litigation authorized by this section upon its determination that transfers for such proceedings will be for the convenience of parties and witnesses and will promote the just and efficient conduct of such actions. Each action so transferred shall be remanded by the panel at or before the conclusion of such pretrial proceedings to the district from which it was transferred unless it shall have been previously terminated: Provided, however, That the panel may separate any claim, cross-claim, counter-claim, or third-party claim and remand any of such claims before the remainder of the action is remanded.

(b)Such coordinated or consolidated pretrial proceedings shall be conducted by a judge or judges to whom such actions are assigned by the judicial panel on multidistrict litigation. For this purpose, upon request of the panel, a circuit judge or a district judge may be designated and assigned temporarily for service in the transferee district by the Chief Justice of the United States or the chief judge of the circuit, as may be required, in accordance with the provisions of chapter 13 of this title. With the consent of the transferee district court, such actions may be assigned by the panel to a judge or judges of such district. The judge or judges to whom such actions are assigned, the members of the judicial panel on multidistrict litigation, and other circuit and district judges designated when needed by the panel may exercise the powers of a district judge in any district for the purpose of conducting pretrial depositions in such coordinated or consolidated pretrial proceedings.

(c)Proceedings for the transfer of an action under this section may be initiated by—

(i)the judicial panel on multidistrict litigation upon its own initiative, or

(ii)motion filed with the panel by a party in any action in which transfer for coordinated or consolidated pretrial proceedings under this section may be appropriate. A copy of such motion shall be filed in the district court in which the moving party’s action is pending.

(d)The judicial panel on multidistrict litigation shall consist of seven circuit and district judges designated from time to time by the Chief Justice of the United States, no two of whom shall be from the same circuit. The concurrence of four members shall be necessary to any action by the panel.

(e)No proceedings for review of any order of the panel may be permitted except by extraordinary writ pursuant to the provisions of title 28, section 1651, United States Code. Petitions for an extraordinary writ to review an order of the panel to set a transfer hearing and other orders of the panel issued prior to the order either directing or denying transfer shall be filed only in the court of appeals having jurisdiction over the district in which a hearing is to be or has been held. Petitions for an extraordinary writ to review an order to transfer or orders subsequent to transfer shall be filed only in the court of appeals having jurisdiction over the transferee district. There shall be no appeal or review of an order of the panel denying a motion to transfer for consolidated or coordinated proceedings.

(f)The panel may prescribe rules for the conduct of its business not inconsistent with Acts of Congress and the Federal Rules of Civil Procedure.

(g)Nothing in this section shall apply to any action in which the United States or a State is a complainant arising under the antitrust laws. “Antitrust laws” as used herein include those acts referred to in the Act of October 15, 1914, as amended (38 Stat. 730; 15 U.S.C. 12), and also include the Act of June 19, 1936 (49 Stat. 1526; 15 U.S.C. 13, 13a, and 13b) and the Act of September 26, 1914, as added March 21, 1938 (52 Stat. 116, 117; 15 U.S.C. 56).

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Federal Rules of Civil Procedure, referred to in subsec. (f), are set out in the Appendix to this title.

Amendments

2022—Subsec. (g). Pub. L. 117–328, § 301(1), inserted “or a State” after “United States” and struck out “; but shall not include section 4A of the Act of

October 15, 1914, as added

July 7, 1955 (69 Stat. 282; 15 U.S.C. 15a)” before period at end. Subsec. (h). Pub. L. 117–328, § 301(2), struck out subsec. (h) which read as follows: “Notwithstanding the provisions of section 1404 or subsection (f) of this section, the judicial panel on multidistrict litigation may consolidate and transfer with or without the consent of the parties, for both pretrial purposes and for trial, any action brought under section 4C of the Clayton Act.” 1976—Pub. L. 94–435 added subsec. (h).

§1407 Multidistrict litigation