Question: What is multidistrict litigation?

Answer: Multidistrict litigation is litigation pending in more than one federal district court involving common questions of fact. When such cases involve civil actions, that may be transferred by the Judicial Panel on Multidistrict Litigation (“JPML”) to any federal court for coordinated and consolidated pretrial proceedings.

 

Question: What is the JPML?

Answer: The JPML is a group of seven federal judges designated by the Chief Justice of the United States. The JPML has the responsibility for determining which cases qualify for multidistrict litigation treatment, as well as to which district court to transfer and consolidate these cases. The transfers are made pursuant to 28 U.S.C. Section 1407, upon the JPML’s determination that the transfers will result in the convenience of the parties and witnesses and will promote the just and efficient conduct of the cases.

 

Question: How are the cases transferred brought before the JPML?

Answer: Proceedings for transfer may be initiated by the JPML upon its own initiative or a motion filed with the JPML by a party in any action in which transfer for coordinated or consolidated pretrial proceedings may be appropriate. Before cases are designated multidistrict litigation and transferred to one federal court, the JPML convenes a hearing and notifies all parties of the place and time of the hearing. The JPML’s order of transfer is based on a record of such hearing at which material evidence may be offered by any party to an action in any federal court that would be affected by the transfer.

 

Question: If my case is subject to a transfer order, but the case has not yet been filed in the Northern District of Ohio, Eastern Division, where should I file my documents?

Answer: Transfers under 28 U.S.C. Section 1407 become effective with the filing of the JPML’s transfer order in the clerk’s office of the designated transferee court. Thus, if the transfer order to which your case is subject has been filed in the Northern District of Ohio, Eastern Division, you must make all future filings in the Northern District of Ohio, Eastern Division.

 

Question: Do I need to file a motion in the Northern District of Ohio, Eastern Division, to appear pro hac vice, or do I need to associate local counsel?

Answer: Counsel who appeared in a transferor court prior to transfer need not enter an additional appearance before the Northern District of Ohio, Eastern Division. Moreover, attorneys admitted to practice and in good standing in any United States District Court may be admitted pro hac vice in this litigation. Association of local counsel is not required.  Counsel must register with the Court, however, to file and serve pleadings and documents electronically. See, Electronic Service page.