Where civil actions involving common questions of fact are pending in different districts, they may be transferred to a single district for coordinated pretrial proceedings.
Transfer decision. By a panel on motion or on its own initiative, weighing convenience and the just and efficient conduct of the actions.
Scope. Pretrial only. Cases are remanded to their originating districts for trial unless resolved, though in practice the great majority resolve in the consolidated proceeding.
Leadership. Appointment of lead and liaison counsel and steering committees, with a common benefit fund assessment on recoveries to compensate them — frequently contested by individually represented claimants.
Master pleadings and a short-form complaint, with direct filing into the consolidated proceeding by order.
Bellwether trials of representative cases to inform valuation, with the selection process negotiated.
Census and fact sheets requiring claimants to provide core information early, which screens unsupported claims.
Settlement. Global resolution structures with participation thresholds, allocation matrices and claims administration.
For a defendant. Consolidation brings efficiency and concentrates risk in a single judge’s rulings. For a claimant, it brings resources and delay.