Rising Tide of MDL Cases Dominates Federal Civil Dockets, Sparking Legal Debate

Law.com’s Amanda Bronstad recently highlighted in her weekly briefing, Class Actions: Critical Mass, that multidistrict litigation (MDL) now constitutes 65% of the federal civil caseload. This significant rise has sparked a debate among legal professionals regarding the implications of this trend.

Among the pressing issues discussed was the contentious proposed $6.48 billion talc bankruptcy plan by Johnson & Johnson, which has seen a split among law firms. On one side, Johnson & Johnson and Beasley Allen have underscored their support from numerous plaintiffs’ firms. Conversely, at least nine defense counsels have stepped in to represent companies embroiled in lawsuits over acne medications containing benzene.

The increasing prevalence of MDL in the federal system and the division among legal firms over high-stakes settlements like the J&J talc bankruptcy plan highlight the intricate dynamics of contemporary mass torts and class actions.