Insights & Events

Hollingsworth LLP attorneys James Sullivan and Abigail Cahn-Gambino authored an article for Law360 that discusses new opportunities to better confront the significant data challenges presented by multidistrict litigation for product liability claims now that Rule 16.1 of the Federal Rules of Civil Procedure is in effect and the sophistication of artificial intelligence is continuing to advance.

The challenges presented by product liability MDLs include identifying and culling meritless claims — the most common problem raised by defense counsel during the rulemaking process. A merits-driven approach, for which Hollingsworth LLP advocated in its comment to the Advisory Committee on Civil Rules, focuses on resolving cases on the merits as quickly and efficiently as possible. AI can help facilitate this approach.

Rule 16.1 went into effect on Dec. 1, 2025 as the first civil rule to expressly address MDLs. It provides a flexible approach well suited to changing technologies, and to the fact that there are many types of MDLs beyond product liability MDLs.

With appropriate training and oversight, AI-enabled MDL case management platforms can conduct the first review of completed court-ordered initial census forms and supporting documentation uploaded by plaintiffs as proof of product use and injury. This early assessment avoids parties’ conducting expensive case-specific discovery only to learn that many of the plaintiffs did not meet these basic requirements.

The convergence of generative artificial intelligence, or GAI, and Rule 16.1 presents an opportunity to formulate more informed, targeted, and sequenced document production plans. Rule 16.1 requires discussion of “the principal factual and legal issues likely to be presented” and “any difficult [discovery] issues that may arise.” On these issues, AI can help facilitate earlier and more informed dialogue between the parties and the MDL court, including on what documents exist, what the parties have already produced, and what else plaintiffs need to prepare their cases for trial and for opposing dispositive motions.

Law360 subscribers may access the full article online.