Insights & Events

Firm partners Gary Feldon and Robert Johnston presented in a Strafford live webinar on the new federal Rule 16.1 governing Multidistrict Litigation case management. MDLs account for 70 percent of all civil cases in federal court.  Scheduled to take effect on December 1, 2025, this is the first federal rule specific to MDLs.

The new rule may help address one of the biggest problems in MDLs — the problem of meritless claims — by formalizing early exchanges of information about the factual bases for the parties’ claims and defenses in addition to traditional discovery. The Committee Note on this provision specifically acknowledges that courts may “employ expedited methods to resolve claims or defenses not supported after the required information exchange.”

Robert and Gary discussed the impact of the rule, analyzed its significance, and provided practical guidance for making the most of the new rule. Among other issues, the panel addressed:

• Persistent problems in MDLs, including meritless claims
• Overview and history of Rule 16.1
• Strategies for effectively using Rule 16.1 in litigation
• Solutions to MDL problems outside Rule 16.1
• Best practices for crafting FRCP 16.1 case management plans
• How to use procedures formalized in FRCP 16.1 to address persistent problems in MDLs, including meritless claims
• FRCP 16.1’s impact on settlement
• Additional MDL reforms still needed

A recorded version of the webinar is available.