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On December 1, 2025, Federal Rule of Civil Procedure 16.1 took effect, providing judges a roadmap for initial case management of multidistrict litigation ("MDLs") and paving the way for early challenges to meritless claims.
After years of concern regarding ballooning MDL dockets, the U.S. Supreme Court adopted Federal Rule of Civil Procedure 16.1, which took effect on December 1, 2025. Rule 16.1 is the first Rule to specifically address MDL case management. Although Rule 16.1 still provides courts with significant discretion, it is expected to encourage streamlining and efficiency of the MDL case management process and reduce frivolous litigation.
Rule 16.1 provides that transferee courts "should schedule an initial management conference to develop an initial plan for orderly pretrial activity in the MDL proceedings." Fed. R. Civ. P. 16.1(a). The Rule directs parties to meet before the initial management conference and submit a report to the court containing information on whether, when, and how leadership counsel should be appointed; whether previous court orders should be vacated or modified; how to manage direct filing of new actions in the MDL proceedings; and whether related actions have been, or are expected to be, filed in other courts, among other topics. Fed. R. Civ. P. 16.1(b)(2)(A).
Significantly, the Rule also directs the parties to include their initial views on "how and when the parties will exchange information about the factual bases for their claims and defenses." Fed. R. Civ. P. 16.1(b)(3)(B). As explained in the Committee Notes, "after taking account of whether the party whose claim or defense is involved has reasonable access to needed information—the court may find it appropriate to employ expedited methods to resolve claims or defenses not supported after the required information exchange."
Time will tell how closely courts will adhere to Rule 16.1, but it may have significant effects on MDLs, so litigants should be mindful and strategic about how to approach the initial management conference report. In particular, defendants may benefit from using this rule to seek earlier opportunities for the dismissal of meritless claims, though plaintiffs may seek to similarly use this rule for the early testing of unsubstantiated defenses.
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