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Course Details

Course Information
  • smart_display Format

    On-Demand

  • signal_cellular_alt Difficulty Level

    Intermediate

  • work Practice Area

    Class Action and Other Litigation

Date & Time
  • event Date

    Thursday, October 10, 2024

  • schedule Time

    1:00 p.m. ET./10:00 a.m. PT

  • timer Program Length

    90 minutes

Credit Information

  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.

$297.00
CLE
ALL

This CLE webinar will discuss the newly approved Federal Rule of Civil Procedure Rule (FRCP) 16.1 governing multidistrict litigation (MDL) case management. Our panel will explain the problems that led to the need for a new rule, the key aspects of FRCP 16.1 and its Committee Note for practitioners, and the rule's potential impact on MDL litigation practice moving forward. The panel will offer guidance on how to best take advantage of and enforce the procedures in the new rule for MDLs. Looking beyond FRCP 16.1, the panel will also discuss additional approaches for addressing the problems of meritless claims in MDLs.

Faculty

Robert E. Johnston
Partner
Hollingsworth LLP

Mr. Johnston is an experienced trial lawyer, litigator, and appellate advocate practicing primarily in the areas of pharmaceutical products, toxic tort, and insurance. With over 26 years of experience, he has tried cases to verdict or obtained judgment for clients in courts throughout the U.S. Called upon to solve clients’ most challenging problems, Mr. Johnston often handles high-profile, landmark cases, presenting cutting-edge litigation theories and defenses for some of the largest companies in the country. He also represents smaller companies and individuals with significant matters. Mr. Johnston is a frequent author and lecturer on litigation issues and developments.

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Gary Feldon
Partner
Hollingsworth LLP

Mr. Feldon practices in the firm’s Complex Litigation, Pharmaceutical and Medical Device, and Toxic Torts & Products Liability groups. 

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Description

MDL accounts for approximately 70 percent of all civil cases in federal court, but the Federal Rules of Civil Procedure contain no special instructions or directives about how these unique and complex cases should be managed. In June 2024, the Judicial Conference's Committee on Rules of Practice & Procedure gave its final approval to the new FRCP 16.1, the first federal rule specific to MDL practice. Absent intervention by the Supreme Court or Congress, the rule will take effect on December 1, 2025.

FRCP 16.1 requires the parties to prepare a report that sets out their views on a variety of case management issues, which the MDL court considers in entering its initial case management plan. Rather than setting out strict rules, the FRCP 16.1 preserves MDL courts’ flexibility in crafting case management plans while still providing guidance on how to manage the litigation fairly and efficiently. The impact of the new rule on a specific MDL will therefore depend a great deal on how skillfully the parties and the court apply the rule.

Properly used, FRCP 16.1 represents a powerful tool for addressing many of the problems that plague MDLs. The new rule may help address one of the biggest problems in MDLs—the problem of meritless claims—by formalizing early exchanges of information about the factual bases for the parties’ claims and defenses in addition to traditional discovery. The Committee Note concerning this provision of the rule specifically acknowledges that courts may “employ expedited methods to resolve claims or defenses not supported after the required information exchange.”

Listen as our authoritative panel discusses the impact of the new rule, analyzes its significance, and provides practical guidance for capitalizing on the new rule.

Outline

  1. Persistent problems in MDLs, including meritless claims
  2. Overview and history of Rule 16.1
  3. Strategies for effectively using Rule 16.1 in litigation
  4. Solutions to MDL problems outside Rule 16.1

Benefits

The panel will review these and other critical issues:

  • Best practices for crafting FRCP 16.1 case management plans
  • How to use procedures formalized in FRCP 16.1 to address persistent problems in MDLs, including meritless claims
  • FRCP 16.1’s impact on settlement
  • Additional MDL reforms still needed