Leading Multidistrict Litigation (MDL) Attorneys in the Nation
With a track record that spans approximately three decades of experience and billions of dollars in awards to clients, The Moskowitz Law Firm is well known in the field of Class Action and Multidistrict Litigation law. Based in Miami, the firm enjoys a national presence and has worked with state and federal courts and co-counsel partners throughout the east coast and as far away as California.
Our team has won significant settlements, favorable verdicts, and substantial recoveries in many large and complex cases.
Types of Cases That Become Multidistrict Litigations
Commercial litigation is an umbrella term that encompasses a wide array of cases within a business context. Some of the most common types of claims include:
Transportation disasters, including incidents involving airlines, rail, ships, and bridges
Securities fraud recovery
Victims of terrorist incidents
Abuse or criminal neglect practiced by employers
Copyrights, patents, and other Intellectual Property cases
Liability over harmful products, including defective drugs or faulty medical devices
What is the Difference between an MDL and a Class Action Lawsuit?
Class Action refers to a type of group lawsuit in which a large number of plaintiffs claim they have injuries or other damages of a similar kind due to the negligence of a particular company due to its products or services. Seeking compensation for these damages as a single unit lowers the cost of litigation, raises the potential for recovery, and increases the likelihood of an early settlement. It doesn't require all the plaintiffs to be present in court and it's extremely efficient for the judicial system.
Likewise, Multidistrict Litigation entails a group of plaintiffs banding together to launch a singular, targeted lawsuit over shared damages. In this case, these individuals may be located in different parts of the country ― therefore various jurisdictions may apply, and these might have slightly different laws or procedural conventions which could impact the potential for the success of such litigation.
MDLs have been a part of the legal landscape since the 1960s, and are popular in legal practice because much of the duplication that would be necessary to process multiple plaintiffs can be waived and the trial can be held in the jurisdiction most likely to return a favorable result.
How does a Multidistrict Litigation start?
A federal entity known as the US Judicial Panel on Multidistrict Litigation (JPML) presides over these cases, and the attorneys who identify multiple cases involving similar complaints can apply to incorporate them into a single MDL case. Alternatively, the JPML itself sometimes identifies a series of likely candidates and establishes an MDL procedure on its own.
An MDL action could involve just a few plaintiffs or anything up to many thousands of lawsuits which could result in paradigm-shifting effects.
What is a Bellwether Trial in Multidistrict Litigation?
Prior to launching an MDL action, the representing law firm may wish to test the waters with one or more sample trials, known as Bellwether Trials. These trials can either assure all parties that the group case is strong enough to proceed to MDL action, or a judge could decide that a group trial is not supported and the individual plaintiffs should each proceed with their own lawsuit.
How do Settlements Work with Multidistrict Litigation?
The power of group action is the effect it can have on a defendant, especially if that is a corporation that is teetering on a decision whether to settle out of court. The threat of an MDL or Class Action lawsuit can influence the defendant to agree to a settlement, and from that joint fund, each of the plaintiffs can receive compensation for their injuries or other damages. Agreement from all or at least 95% or so of the plaintiffs is often required to proceed with such a settlement.
What to Expect During Settlement
A settlement may be offered at the point of the pretrial or discovery process. Negotiations are conducted under the watchful eye of the judge, and each individual plaintiff can elect to accept or reject the settlement terms being offered. Sometimes a portion of the claimants accept the settlement while the remainder of the plaintiffs carries on with the trial.
If You Need Legal Representation in a Multidistrict Litigation (MDL) Case, We Can Help
The Moskowitz Firm has been trusted for years by clients and the legal community alike in guiding the MDL process for several high-profile cases.
Contact us for more information.