Class action basics

What is MDL (multidistrict litigation)?

An MDL sends similar federal lawsuits from across the country to one judge for pretrial work. Learn how MDLs start, how bellwethers work, and what it means for you.

By the Best Class Actions research deskUpdated 7 min readChecked against court records
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An MDL, short for multidistrict litigation, is a way federal courts handle many similar lawsuits filed in different parts of the country: a special panel of judges transfers them all to one judge, who manages evidence gathering and pretrial rulings for every case at once. An MDL is not a class action. Each person keeps an individual lawsuit, and each case can be settled, dismissed, or sent back home for trial on its own.

If you are thinking about an injury claim over a drug, device, or product, there is a good chance it would be part of an MDL. Here is how MDLs start, how they move, and what joining one actually involves.

Key takeaways.

  • Multidistrict litigation (MDL) is a federal procedure under 28 U.S.C. 1407 that moves similar lawsuits from many districts to one judge for coordinated pretrial proceedings.
  • A seven-judge Judicial Panel on Multidistrict Litigation decides whether to create an MDL; in 2025 it received 32 motions to centralize and granted 21.
  • As of September 1, 2026, the JPML reported 166 pending MDLs holding 206,182 pending actions.
  • Each case in an MDL stays an individual lawsuit; if it does not settle or get dismissed, it goes back to its original court for trial.
  • MDLs often use bellwether trials to test how juries value claims, which frequently leads to a global settlement program.

What the MDL statute says

Congress created the MDL process in 28 U.S.C. 1407. The statute allows civil cases "involving one or more common questions of fact" that are pending in different federal districts to be transferred to any district for coordinated or consolidated pretrial proceedings, when doing so serves the convenience of parties and witnesses and promotes the just and efficient conduct of the cases.

The decision belongs to the Judicial Panel on Multidistrict Litigation (JPML). By statute, the JPML has seven federal circuit and district judges chosen by the Chief Justice, no two from the same circuit, and any action by the panel needs the agreement of four members. The panel picks the transferee court and the judge who will manage the litigation.

The key limit is in the same statute: transfer is for pretrial proceedings only. Each transferred case must be remanded to the district it came from at or before the end of pretrial proceedings unless it has already ended.

How an MDL gets started

An MDL usually begins when a party in one of the scattered lawsuits files a motion with the JPML asking for centralization. The panel can also act on its own. It holds hearing sessions about six times a year (six in 2025) and then issues an order granting or denying transfer.

The panel does not grant every request. In calendar year 2025, 32 motions for centralization were filed with the JPML, 21 were granted, and 16 were denied, withdrawn, or found moot, according to the panel's annual statistics. Denials often happen when there are only a few cases, when the cases involve different products, or when the parties can coordinate informally.

Once an MDL exists, later-filed federal cases with the same facts are added as "tag-along" actions. The JPML reported 1,300 tag-along transfers in 2025. Lawsuits filed in state court are not part of a federal MDL, although state courts sometimes run their own consolidated proceedings in parallel.

What happens inside an MDL

After transfer, the MDL judge organizes the litigation. Common steps include:

  1. Leadership appointments. The judge appoints a plaintiffs' steering committee and lead counsel to handle shared work, such as discovery from the company and expert witnesses.
  2. Master pleadings and plaintiff fact sheets. Plaintiffs often file short-form complaints and fill out questionnaires about their use of the product and their injuries.
  3. Discovery. Company documents and witness depositions are gathered once for everyone rather than in each case.
  4. Expert challenges. The judge rules on whether each side's scientific experts can testify. These rulings can make or break an entire MDL.
  5. Bellwether trials. The judge selects a small group of representative cases for early trials. The verdicts are not binding on anyone else, but they show how juries react.
  6. Settlement or remand. Many MDLs end with a global settlement program; cases that do not settle can be sent back to their home courts for trial.

The baby food heavy metals MDL and the social media addiction MDL are examples of MDLs that were in pretrial proceedings as of September 2026. The JPML reported 483 pending cases in the baby food MDL (No. 3101) and 3,208 in the social media addiction MDL (No. 3047) on September 1, 2026.

How many MDLs are pending now

As of September 1, 2026, the JPML's pending-docket report listed 166 active MDLs with 206,182 actions pending before 142 transferee judges in 50 districts. A handful of product cases hold most of those lawsuits. Here are several from that report that match topics people search for:

MDLLitigationPending actions
2738J&J talcum powder69,250
2846Bard hernia mesh23,316
2873AFFF firefighting foam15,264
3060Hair relaxer12,129
3004Paraquat6,666
3140Depo-Provera6,403
3094GLP-1 drugs4,022

Not every MDL is a mass tort. According to the JPML's year-end 2025 figures, products liability accounted for 61 pending MDLs, antitrust for 36, and data breach and consumer privacy for 20. Data breach MDLs, like the Snowflake litigation that includes Ticketmaster customers, usually proceed as class actions inside the MDL.

MDL vs. class action: why it matters to you

People often confuse the two, but the difference changes what you need to do:

  • In a class action, you are included automatically if you fit the class definition, and one settlement or judgment binds everyone who did not opt out.
  • In an MDL of individual cases, you are only included if you file your own lawsuit, and any settlement offer is yours to accept or reject based on your own injuries.

An MDL can contain class actions, individual cases, or both. According to the JPML, 20 of the MDLs pending at the end of 2025 involved data breach and consumer privacy claims, which usually proceed as class actions inside the MDL. For a deeper comparison, see class action vs. mass tort.

How long MDLs last and what to do if you may qualify

MDLs tend to run for years. Expert rulings and bellwether trials alone can take two or more years after centralization, and large settlement programs take time to process claims. Some MDLs last for decades: the September 11, 2001 terrorist attacks litigation, MDL 1570, still had 372 pending actions on the JPML's September 1, 2026 report. For typical timelines, see how long lawsuits take.

If you think you have an injury tied to a product in an MDL:

  • Check your deadline. The MDL does not pause your state's statute of limitations for a claim you have not filed.
  • Gather records. Proof of use (pharmacy records, receipts, product packaging) and medical records of your diagnosis are the core of any claim.
  • Expect individual scrutiny. MDL plaintiffs usually complete detailed fact sheets and may be asked to provide more records than a class member ever would.

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Common questions.

What does MDL mean in a lawsuit?

MDL stands for multidistrict litigation. It is a federal procedure under 28 U.S.C. 1407 that transfers similar lawsuits from different districts to one judge for coordinated pretrial proceedings, such as discovery and expert rulings.

Is an MDL the same as a class action?

No. In an MDL, each plaintiff keeps an individual lawsuit and decides individually whether to settle. In a class action, representatives sue for a whole group and one result binds everyone who did not opt out. An MDL can include class actions, but most injury MDLs are made up of individual cases.

How do I join an MDL lawsuit?

You join by filing your own lawsuit, usually through an attorney, which is then transferred into the MDL or filed directly there if the court allows it. You are not added automatically, and your state's statute of limitations still applies.

How many MDLs are there right now?

The JPML's report dated September 1, 2026 listed 166 pending MDLs with 206,182 pending actions. The number changes monthly as new MDLs are created and old ones close.

How long does an MDL take to settle?

There is no set timeline. Many MDLs take several years to reach bellwether trials or a global settlement, and some remain open for more than a decade while remaining cases are resolved.

What happens to my case if the MDL ends without a settlement?

Cases that are not settled or dismissed during the MDL are remanded to the federal court where they were originally filed for trial. The MDL judge's pretrial rulings, such as rulings on expert testimony, usually carry over.

Sources.

Statutes, court rules, appellate opinions, and bar publications we relied on. See our editorial standards.

  1. 1.28 U.S.C. 1407, multidistrict litigation (Cornell LII)
  2. 2.JPML: Pending MDL Dockets by Actions Pending (September 1, 2026)
  3. 3.JPML: Calendar Year Statistics 2025
  4. 4.JPML: Statistical information
  5. 5.Federal Rule of Civil Procedure 23 (Cornell LII)

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