On February 2, 2024, WLF submitted comments to the Committee on Rules of Practice and Procedure responding to the proposed adoption of Rule 16.1 for multi-district litigation proceedings. Created by Congress in 1968 to promote efficiency and conserve finite judicial resources, MDLs have not always lived up to their initial promise. Although the Proposed Rule is a step in the right direction, WLF’s comments urge the Committee to amend Proposed Rule 16.1(c)(4) to place the burden squarely on plaintiffs to show that they have viable claims. The comments also recommend amending the note to the Proposed Rule to highlight the benefits of early vetting of plaintiffs’ claims.
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