New FRCP 16.1 on MDL Case Management: What Defense Litigators Need to Know
Crafting Case Management Plans to Efficiently Vet and Resolve MDL Claims

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Course Details
- smart_display Format
Live Online with Live Q&A
- signal_cellular_alt Difficulty Level
Intermediate
- work Practice Area
Class Action and Other Litigation
- event Date
Thursday, December 4, 2025
- schedule Time
1:00 p.m. ET./10:00 a.m. PT
- timer Program Length
90 minutes
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This 90-minute webinar is eligible in most states for 1.5 CLE credits.
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Live Online
On Demand
This CLE webinar will offer counsel an in-depth analysis of new Federal Rule of Civil Procedure 16.1, best practices for implementing its requirements, and strategies for advocate courts to apply the Rule to achieve its intended reforms.
Faculty

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

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.
Description
While courts were once forced to invent procedures for managing MDLs, the new FRCP 16.1 endorses entry of a case management order early in the MDL to govern key issues and formally recognizes appropriate procedural tools. FRCP 16.1 orders are based on a joint report setting out the parties' views on case management issues, followed by a conference with the MDL court. If approached properly, these orders have the potential to address many of the problems that plague MDLs, including the problem of MDLs attracting meritless claims.
However, the new FRCP 16.1 does not impose any substantive requirements on MDL courts. As a result, the MDL reform envisioned by the Rule could be stifled by courts that refuse to employ the case management tools it recognizes. MDL practitioners must therefore be well informed and sophisticated advocates on FRCP 16.1 case management issues from the outset to maximize the chances of courts taking up those tools to make MDLs fairer and more efficient.
Listen as this esteemed panel provides in-depth analysis of new Federal Rule of Civil Procedure 16.1, best practices for achieving its benefits, and strategies for dealing with its lack of mandatory directives.
Outline
I. MDL abuses and history of Rule 16.1
II. In-depth analysis of Rule 16.1 and its Committee Note
III. Strategies for effectively using Rule 16.1 in litigation
IV. Shaping courts' interpretation of Rule 16.1
V. MDL reform beyond 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
- Emerging case law supporting a rigorous application of FRCP 16.1
- Additional MDL reforms still needed
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