Multidistrict Litigation

Over half of all federal civil court cases currently are consolidated into multidistrict litigation (MDL). More than ever, businesses need counsel with proven experience in MDL practice and procedures.

BakerHostetler represents clients in high-stakes multidistrict litigation across the country. We regularly practice before the U.S. Judicial Panel on Multidistrict Litigation. Some of the largest and most well-known businesses from a diverse array of industries trust our experienced and creative counsel to help them formulate initial consolidation strategies and navigate the multidistrict litigation process, from early planning to final resolution. Our national team develops comprehensive strategies targeted to the unique challenges presented by each MDL and aggressively implements those strategies at every stage of the proceedings.

We recognize that MDLs may create potential exposure to collateral issues affecting business objectives, including operational, fiscal and reputational uncertainties often associated with significant litigation. We assist businesses facing an MDL in developing and implementing strategies to advance their corporate objectives and navigate these complex matters.

Innovative Approach

Representing a coast-to-coast real estate lessor in defending against dozens of nationwide and local class actions in federal court alleging a Sherman Act Section 1 conspiracy in the purported multifamily residential real estate market. The complaints allege that more than 30 property developers conspired to use pricing analytic software to fix residential lease prices. Our firm was appointed by the Court to serve on the MDL defense liaison committee.
Representing a major healthcare services company in a federal MDL proceeding involving alleged harm caused by medication. The representation has also included a related multistate attorneys general investigation, twelve consolidated state-court proceedings and two federal grand jury investigations.
Defeated a putative nationwide class action to recover alleged economic losses consisting of billions of dollars paid by consumers and third-party payers for a prescription hormone drug. The plaintiffs claimed that the drug was marketed illegally and through false advertising that misled them to believe it was approved. We successfully moved to vacate an order of the Judicial Panel on Multidistrict Litigation (JPML), transferring the case to a product liability MDL and successfully moved to dismiss the case with prejudice on grounds of primary jurisdiction and preemption and successfully opposed reconsideration.
Served as incident response and post-disclosure counsel for international hotel chain impacted by a cyberattack and defended client in multidistrict litigation against claims brought by individuals, banks and cities.
Representing a national pharmaceutical company in an opioid MDL and related litigation in multiple jurisdictions.
Represented a Fortune 100 company accused of price fixing in a multidistrict consolidated class action litigation. The matter involved an internal investigation with dozens of witness examinations regarding potential criminal conduct and class action litigation brought by direct and indirect purchasers.
Represented an American consumer packaged goods holding company as liaison counsel in multidistrict and state court litigation involving several hundred individual and purported class action lawsuits alleging salmonellosis from the consumption of one of its products. Defeated class certification, awarded summary judgment and dismissals in more than 100 individual cases and effectively implemented coordinated national discovery procedures.
Represented an American retailer of hard surface flooring as lead counsel in multidistrict litigation involving more than 140 class actions alleging excessive levels of formaldehyde in Chinese manufactured laminate flooring. The parties reached a settlement after winning partial summary judgment and dismissal of half the claims.
Defended healthcare management company against multidistrict litigation in Alabama federal court following sophisticated cyberattack against computer network systems. Case settled following extensive dispositive motion practice where Court rejected claims against management company under federal Fair Credit Reporting Act.
Coordinated defense in Missouri and Illinois state and federal courts in multidistrict litigation against a grocery store chain arising out of a payment card data breach. The case was ultimately resolved by a nationwide settlement, which was finally approved over the significant efforts of objectors to block it.
Represented certified classes of dairy farmers in an action alleging dairy processors, cooperatives and others unlawfully conspired to eliminate competition for purchase of raw milk in 14 southeastern states. The litigation recovered more than $300 million, plus non-monetary relief, for the clients and class.
Successfully represented two major airlines against claims of price fixing on commissions brought by a nationwide class of travel agents and by class opt-out plaintiffs. Our clients, who had pleaded guilty to price fixing, exited the sprawling MDL on favorable terms shortly before certification of the class.
Represented one of the largest financial institutions in the U.S. in multidistrict wage and hour class and collective action litigation. Defense motion to transfer 12 off-the-clock overtime putative class and collective actions for coordinated or consolidated pretrial proceedings was granted by Judicial Panel on Multidistrict Litigation.
Lead counsel for a firefighting foam manufacturer in the AFFF MDL, which includes thousands of PFAS cases (including personal injury and property damage class actions) consolidated in the District of South Carolina.
Represented an insurance client in a multidistrict nationwide class action asserting antitrust and unfair competition claims. Court dismissed the claims on a Rule 12 motion.
Defended one of the largest publicly traded companies in Japan and its foreign subsidiaries against antitrust and consumer protection claims brought in multidistrict litigation by classes of direct and indirect purchasers and by original equipment manufacturers, retailers and distributors alleging that prices of LCD panels were fixed.
Representing client in connection with one of the 10 largest healthcare breach incidents reported to date. After client learned of a serious cyberattack potentially affecting up to 3.7 million individuals, BakerHostetler handled the breach response efforts and leads the defense of the litigation.
Represented financial institutions in a multidistrict patent litigation related to mobile application technology.
Represented commercial insurer defendants in insurance brokerage antitrust litigation, an MDL class action involving claims alleging a conspiracy among insurance brokers and insurers in violation of the Sherman Act and RICO.
Represented an American automobile manufacturer before the Judicial Panel on Multidistrict Litigation in defeating plaintiffs’ efforts to create an industry-wide multidistrict litigation. Secured transfer of the matter under 28 U.S.C. § 1404 to the client’s home jurisdiction in the Eastern District of Michigan.
Represented a division of a commercial finance business in multidistrict litigation proceedings arising out of an alleged multimillion-dollar fraudulent investment scheme involving the purported sale and lease of commercial equipment.
Represented international pharmaceutical manufacturer in multidistrict product liability action in the Sixth Circuit. Case settled favorably.
Lead counsel on multidistrict litigation on behalf of a major contact lens manufacturer, including defeating class certification in related state court actions.
Represented privately held industrial glass manufacturer in price-fixing cases coordinating activities in multidistrict court action, as well as multiple state court cases. Resulted in favorable settlement.