Due Discretion: On the Need for Multidistrict Litigation Transferee Judge Discretion in Interpreting the Federal Rules of Civil Procedure

With multidistrict litigation, innovation is the name of the game. Congress recognized and addressed this crux when, in the face of the soon-to-be crumbling federal judiciary caused by an exponentially increasing federal docket, it passed the Multidistrict Litigation (MDL) Statute, codified at 23 U.S.C. § 1407. The MDL Statute authorizes the consolidation and coordination of…