Resolution of Common Questions in MDL Proceedings

This article addresses one particular aspect of MDL procedures — the use of MDL proceedings to resolve common issues of fact or law that may be dispositive for the entire litigation or certain categories of claims. The article presents evidence demonstrating that this has been one of the most effective aspects of MDL litigation in terms of bringing litigation to a close and effectively and fairly resolving claims. Where litigants have taken advantage of these procedures, a number of MDL proceedings have been significantly narrowed or entirely resolved through summary judgment or other proceedings on common issues central to the litigation. The full implementation of such procedures can only further the MDL process as an effective means of resolving large scale, complex litigation.