U.S. Chamber Institute for Legal Reform highlights MDL reform in new research

The U.S. Chamber Institute for Legal Reform has released research analyzing the misuse of multidistrict litigation (MDL) and examining the role and limitations of the newly adopted Federal Rule of Civil Procedure 16.1.

According to data compiled by Lawyers for Civil Justice and cited by Rules4MDLs, as of the end of fiscal year 2023, 71.3% of the federal civil caseload (417,137 out of 584,986 civil cases) was part of MDLs. This reflects a significant increase in reliance on multidistrict litigation, highlighting systemic pressure on federal courts to manage mass torts under a consolidated procedural framework. The increase—from 29% in FY 2012 to over 70% in FY 2023—illustrates how MDLs have shifted from niche tools to the dominant vehicle in federal civil dockets.

The new Rule 16.1 is the first express civil procedure rule to directly address MDL proceedings. It mandates that courts schedule an initial MDL case management conference, require parties to submit a joint report on management issues, and enter an initial management order. However, according to commentary in InsideClassActions, many obligations are phrased in permissive rather than mandatory language, granting courts broad discretion in implementation.

In practice, Rule 16.1’s text relies heavily on "should" and "may" rather than "shall" or "must," which legal analysts caution may limit its forceful application. For example, Drug & Device Law Blog notes that the rule has "lots of ‘shoulds’ but practically no ‘shalls’," suggesting that parties might bypass or dilute its intended early vetting of weak claims. The lack of mandatory enforcement has led skeptics to argue that while the rule is a positive development, it may not sufficiently curb the proliferation of meritless claims.

The U.S. Chamber Institute for Legal Reform is a legal policy affiliate of the U.S. Chamber of Commerce advocating for fairness, efficiency, and predictability in the civil justice system. According to its official website, ILR advances research, commentary, and policy proposals on liability systems, mass torts, and class action reforms while engaging with lawmakers, courts, and the public to promote legal reform aimed at reducing abusive litigation and strengthening business certainty.