Proposed FRCP Rule 16.1 Set for Next Step in Mid-September

Proposed Federal Rule of Civil Procedure (FRCP) 16.1, which addresses the need for transparent, rules-based procedures in multidistrict litigation proceedings (MDLs), will be on the agenda for the mid-September meeting of the Judicial Conference of the United States. If approved, the proposal will then go the U.S. Supreme Court for consideration.

Since proposing FRCP amendments related to MDLs in 2018, LCJ has been leading the corporate and defense bars’ advocacy for rules governing MDLs – especially for rules that would preclude and manage the burdens of insufficient claims. The FRCP should apply to all federal civil cases but are now commonly bypassed when MDL courts substitute them with ad hoc practices. Proposed Rule 16.1 identifies and addresses important MDL issues that courts and parties should consider at early management conferences, including the early vetting of claims. The new rule, if employed appropriately, will prevent meritless claims from being asserted and will give courts a new management tool for addressing any such claims that are filed.

It is especially important to bring MDL practices within the FRCP now that cases in MDLs have grown to over 70% of the federal civil docket.

The U.S. Judicial Conference’s consideration of proposed FRCP 16.1 follows approval by the Committee on Rules of Practice and Procedure. (See LCJ’s press release here)

LCJ is working to educate the bench and bar about effective implementation of Rule 16.1, even as the proposed rule proceeds through the final stages of the rulemaking process. The new rule promises meaningful improvement, and courts and parties should employ it to help solve many common problems in MDLs, especially the problems caused by insufficient claims.

LCJ and its members were deeply engaged in advocacy for an effective rule before and during the public comment process.

After the Judicial Conference decision in mid-September, the U.S. Supreme Court will consider the proposal and is likely to send the new rule to Congress in April 2025. If Congress takes no action (and none is expected), the rule will take effect on December 1, 2025.

LCJ’s advocacy documents related to Rule 16.1 are available in this website’s document directory. Additional information on rules for MDLs and MDL data are available at www.rules4mdls.com.