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Multidistrict Litigation (MDL) Explained

United States (federal and general)Last reviewed 18 September 2026

Multidistrict litigation lets federal cases with common factual questions, filed in different districts, be transferred to one judge for coordinated pretrial proceedings. Each plaintiff keeps their own case, unlike a class action, and cases not settled are sent back to their original courts for trial.

How an MDL Works

Direct Answer: When civil actions with common questions of fact are pending in different federal districts, the Judicial Panel on Multidistrict Litigation may transfer them to one district for coordinated or consolidated pretrial proceedings if that serves the convenience of parties and witnesses and promotes efficiency.

The panel consists of seven circuit and district judges. Transfer can start on the panel's own initiative or on a party's motion. Coordinating discovery and pretrial rulings in one court avoids duplicated work and inconsistent decisions across many cases.

MDL Compared With a Class Action

In a class action, one representative sues for a whole class and the outcome binds members. In an MDL, each plaintiff has an individual claim, individual damages and, generally, individual choices about settlement, although settlements are often negotiated on a group basis. That makes MDLs common for mass torts such as injuries from products or drugs, where harm differs between people.

After the Pretrial Stage

Under § 1407, cases that are not terminated in the pretrial proceedings are remanded to the districts they came from for trial, though many are resolved by settlement before that. If you are considering joining a mass tort, ask how the attorney charges, how costs and any liens are handled across many plaintiffs, and how a group settlement would be allocated to you.

Frequently Asked Questions

What is multidistrict litigation?

A federal process that transfers cases with common factual questions to one judge for coordinated pretrial proceedings.

Who decides whether cases are transferred?

The Judicial Panel on Multidistrict Litigation, a panel of seven federal judges.

How is an MDL different from a class action?

In an MDL each plaintiff keeps their own individual case. In a class action, representatives sue for the whole class.

Does my case get tried in the MDL court?

Unsettled cases are generally sent back to their original district for trial, though many settle before that.

What should I ask a lawyer about joining a mass tort?

How fees and costs are charged, how any lien is handled and how a group settlement would be allocated among plaintiffs.

Can I get a mass tort lawyer without paying upfront?

Often, yes. Many attorneys handling these cases work on contingency or fee-shifting arrangements, so you pay no hourly fees upfront, but the terms and the treatment of case costs are set out in a written agreement. Read it before you sign and ask how costs are handled.

You May Also Be Interested In

Mass Tort

Many plaintiffs, common harm

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Class Action

Group claims

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Product Liability

Defective product claims

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Class Action Requirements

How class actions work

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Costs vs Fees

Who pays what in a contingency case

Read more

Where this applies: Contingency fee rules are set state by state. Check your own state's rules before acting.

Sources for this page

Every rule stated above is based on the primary sources below. Each link goes to the legislation, court rule or regulator itself so you can check it. Last verified 18 September 2026.

  1. ABA Model Rule 1.5 (Fees)

    Model, not law. Each state adopts its own version. Rule 1.5(d) bars contingency fees in most domestic relations matters and in criminal defence.

  2. Cornell LII — contingency fee
  3. 28 U.S.C. § 1407 — Multidistrict litigation

    The Judicial Panel on Multidistrict Litigation may transfer civil actions with common questions of fact to one district for coordinated or consolidated pretrial proceedings, with cases remanded to their original districts for trial unless terminated.

Who wrote and checked this page

Written and published by
Edward & Amaury Solicitors (Edward & Amaury Ltd, company no. 12195443), regulated by the Solicitors Regulation Authority under no. 800525.
Legal review
This page has not yet been through independent legal review. It is written from the primary sources listed below, which you can check directly.
Review dates
Last reviewed 18 September 2026. Next review due 18 March 2027.

Fee rules change. California’s medical malpractice fee limits changed on 1 January 2023, and the QOCS rules in England and Wales changed on 6 April 2023. If you spot something out of date, tell us — we publish corrections.

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Where this applies: Contingency fee rules are set state by state. Check your own state's rules before acting.

Sources for this page

Every rule stated above is based on the primary sources below. Each link goes to the legislation, court rule or regulator itself so you can check it. Last verified 2 August 2026.

  1. ABA Model Rule 1.5 (Fees)

    Model, not law. Each state adopts its own version. Rule 1.5(d) bars contingency fees in most domestic relations matters and in criminal defence.

  2. Cornell LII — contingency fee
  3. Federal Rule of Civil Procedure 54(d) (costs to the prevailing party)

    A losing plaintiff may be ordered to pay the defendant's taxable costs. There is no US equivalent of QOCS.

Who wrote and checked this page

Written and published by
Edward & Amaury Solicitors (Edward & Amaury Ltd, company no. 12195443), regulated by the Solicitors Regulation Authority under no. 800525.
Legal review
This page has not yet been through independent legal review. It is written from the primary sources listed below, which you can check directly.
Review dates
Last reviewed 2 August 2026. Next review due 2 February 2027.

Fee rules change. California’s medical malpractice fee limits changed on 1 January 2023, and the QOCS rules in England and Wales changed on 6 April 2023. If you spot something out of date, tell us — we publish corrections.