When there are a multitude of individual lawsuits filed against the same entity in many different districts, a request can be made asking for all these cases to be heard before one judge. When this request is granted a judicial panel is asked to pick one judge who will hear all of these related cases. Once a multidistrict litigation case has been formed, all civil cases with related issues will get transferred to that one judge. Usually a plaintiff fact sheet is formed in order for the defendant to gather preliminary information.
Multidistrict Litigation and Class Action Lawsuits
Many people ask what is the difference between multidistrict litigation cases and class actions. A class action is where a large group of people file a lawsuit as a group. A class action does not involve an individual lawsuit. The people in this class must have one or more legal or factual claims common to the entire class and the class must be so large as to make individual lawsuits impractical. In the last several years the courts in Louisiana have made it difficult to proceed as a class action because the courts have found more differences than similarities with peoples’ tort claims. Therefore, multidistrict litigation cases have been on the rise.
Louisiana Multidistrict Litigation
The request for multidistrict litigation has been granted in several cases here in Louisiana. Most recently, in the BP oil spill case, Judge Carl Barbier hears all BP related cases in his court in the Eastern District Court in Louisiana. Judge Eldon Fallon hears all the Chinese Drywall cases in his court room which is also in the Eastern District of Louisiana. Further, Judge Rebecca Doherty hears all of the Actos cases in the Western District of Louisiana. Morris Bart has experience handling these type of cases.
In the Mirena case, a request was made for multidistrict litigation status, however, as of today’s date, this request was denied.
Morris Bart, LLC Attorneys at Law continues to successfully represent clients in many different MDLs, including but not limited to Yaz, Chinese Drywall and BP oil cases.
— Mekel Smith-Alvarez