U.S. Code » Title 28 » Part PART IV— JURISDICTION AND VENUE › Chapter CHAPTER 87— DISTRICT COURTS; VENUE

28 U.S.C. § 1407

Multidistrict litigation

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(a) When civil actions involving one or more common questions of fact are pending in different districts, such actions may be transferred to any district for coordinated or consolidated pretrial proceedings. Such transfers shall be made by the judicial panel on multidistrict litigation authorized by this section upon its determination that transfers for such proceedings will be for the convenience of parties and witnesses and will promote the just and efficient conduct of such actions. Each action so transferred shall be remanded by the panel at or before the conclusion of such pretrial proceedings to the district from which it was transferred unless it shall have been previously terminated: Provided, however, That the panel may separate any claim, cross-claim, counter-claim, or third-party claim and remand any of such claims before the remainder of the action is remanded.(b) Such coordinated or consolidated pretrial proceedings shall be conducted by a judge or judges to whom such actions are assigned by the judicial panel on multidistrict litigation. For this purpose, upon request of the panel, a circuit judge or a district judge may be designated and assigned temporarily for service in the transferee district by the Chief Justice of the United States or the chief judge of the circuit, as may be required, in accordance with the provisions of chapter 13 of this title. With the consent of the transferee district court, such actions may be assigned by the panel to a judge or judges of such district. The judge or judges to whom such actions are assigned, the members of the judicial panel on multidistrict litigation, and other circuit and district judges designated when needed by the panel may exercise the powers of a district judge in any district for the purpose of conducting pretrial depositions in such coordinated or consolidated pretrial proceedings.(c) Proceedings for the transfer of an action under this section may be initiated by—(i) the judicial panel on multidistrict litigation upon its own initiative, or(ii) motion filed with the panel by a party in any action in which transfer for coordinated or consolidated pretrial proceedings under this section may be appropriate. A copy of such motion shall be filed in the district court in which the moving party’s action is pending.The panel shall give notice to the parties in all actions in which transfers for coordinated or consolidated pretrial proceedings are contemplated, and such notice shall specify the time and place of any hearing to determine whether such transfer shall be made. Orders of the panel to set a hearing and other orders of the panel issued prior to the order either directing or denying transfer shall be filed in the office of the clerk of the district court in which a transfer hearing is to be or has been held. The panel’s order of transfer shall be based upon a record of such hearing at which material evidence may be offered by any party to an action pending in any district that would be affected by the proceedings under this section, and shall be supported by findings of fact and conclusions of law based upon such record. Orders of transfer and such other orders as the panel may make thereafter shall be filed in the office of the clerk of the district court of the transferee district and shall be effective when thus filed. The clerk of the transferee district court shall forthwith transmit a certified copy of the panel’s order to transfer to the clerk of the district court from which the action is being transferred. An order denying transfer shall be filed in each district wherein there is a case pending in which the motion for transfer has been made.(d) The judicial panel on multidistrict litigation shall consist of seven circuit and district judges designated from time to time by the Chief Justice of the United States, no two of whom shall be from the same circuit. The concurrence of four members shall be necessary to any action by the panel.(e) No proceedings for review of any order of the panel may be permitted except by extraordinary writ pursuant to the provisions of title 28, section 1651, United States Code. Petitions for an extraordinary writ to review an order of the panel to set a transfer hearing and other orders of the panel issued prior to the order either directing or denying transfer shall be filed only in the court of appeals having jurisdiction over the district in which a hearing is to be or has been held. Petitions for an extraordinary writ to review an order to transfer or orders subsequent to transfer shall be filed only in the court of appeals having jurisdiction over the transferee district. There shall be no appeal or review of an order of the panel denying a motion to transfer for consolidated or coordinated proceedings.(f) The panel may prescribe rules for the conduct of its business not inconsistent with Acts of Congress and the Federal Rules of Civil Procedure.(g) Nothing in this section shall apply to any action in which the United States or a State is a complainant arising under the antitrust laws. “Antitrust laws” as used herein include those acts referred to in the Act of October 15, 1914, as amended (38 Stat. 730; 15 U.S.C. 12), and also include the Act of June 19, 1936 (49 Stat. 1526; 15 U.S.C. 13, 13a, and 13b) and the Act of September 26, 1914, as added March 21, 1938 (52 Stat. 116, 117; 15 U.S.C. 56).(Added Pub. L. 90–296, § 1, Apr. 29, 1968, 82 Stat. 109; amended Pub. L. 94–435, title III, § 303, Sept. 30, 1976, 90 Stat. 1396; Pub. L. 117–328, div. GG, title III, § 301, Dec. 29, 2022, 136 Stat. 5970.)Editorial NotesReferences in Text

The Federal Rules of Civil Procedure, referred to in subsec. (f), are set out in the Appendix to this title.

Amendments

2022—Subsec. (g). Pub. L. 117–328, § 301(1), inserted “or a State” after “United States” and struck out “; but shall not include section 4A of the Act of October 15, 1914, as added July 7, 1955 (69 Stat. 282; 15 U.S.C. 15a)” before period at end.

Subsec. (h). Pub. L. 117–328, § 301(2), struck out subsec. (h) which read as follows: “Notwithstanding the provisions of section 1404 or subsection (f) of this section, the judicial panel on multidistrict litigation may consolidate and transfer with or without the consent of the parties, for both pretrial purposes and for trial, any action brought under section 4C of the Clayton Act.”

1976—Pub. L. 94–435 added subsec. (h).

Notes of Decisions
Cited in 4,310 cases (644 in the last 5 years), 1968–2026 · leading case: Ocwen Loan Servicing, LLC v. Washington, 939 So. 2d 6 (Ala. 2006).
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Ocwen Loan Servicing, LLC v. Washington, 939 So. 2d 6 (Ala. 2006). · cites it 16× “Indeed, to the contrary, 28 U.S.C. § 1407 (a) provides that "civil actions involving one or more common questions of fact .”
United States Ex Rel. Pogue v. Diabetes Treatment Centers of Am., Inc., 238 F. Supp. 2d 270 (D.D.C. 2002). · cites it 11× “This case came before the Court by order of-the Judicial Panel on Multidistrict Litigation [1], which transferred to this Court related qui tam actions pending across the country under the authority of 28 U.S.C. § 1407 , including this one. Section 1407 authorizes the MDL Panel…”
In Re: Rolls Royce Corp., 775 F.3d 671 (5th Cir. 2014). · cites it 7× “Those decisions are made pursuant to 28 U.S.C. § 1407 , while Atlantic Marine, by its terms, only speaks to transfer motions brought under section 1404(a).”
In Re KOREAN AIR LINES DISASTER OF SEPTEMBER 1, 1983. Appeal of Plaintiffs Steering Comm., 829 F.2d 1171 (D.C. Cir. 1987). · cites it 7× “Wrongful death actions were filed against KAL in several federal district courts; the Judicial Panel on Multidistrict Litigation transferred these actions to the District Court for the District of Columbia for pretrial proceedings pursuant to 28 U.S.C. § 1407 (“[Cjivil actions…”
In Re: DePuy Orthopaedics, Inc., 870 F.3d 345 (5th Cir. 2017). · cites it 6× “8 See 28 U.S.C. § 1407 (a). See In re Yasmin & Yaz (Drospirenone) Mktg.”
In re Best Buy Co., 804 F. Supp. 2d 1376 (J.P.M.L. 2011). · cites it 6× “2256, pursuant to 28 U.S.C. § 1407 , plaintiff in one Northern District of California action moves to centralize this litigation in the Northern District of California.”
In Re: Joann Patenaudepetitioners, 210 F.3d 135 (3rd Cir. 2000). · cites it 8× “Pursuant to 28 U.S.C. § 1407 (a), the plaintiffs’ claims were transferred by the Judicial Panel on Multidistrict Litigation (JPML) to Multidistrict Litigation No.”
Pharmacy Benefit Managers Antitrust Litig., 582 F.3d 432 (3rd Cir. 2009). · cites it 6× “AdvancePCS contends that on April 7, 2006, the Plaintiffs filed a motion before the Judicial Panel on Multidistrict Litigation ("MDL Panel") for transfer of this and certain other cases under 28 U.S.C. § 1407 for coordinated pretrial proceedings.”
Lexecon Inc. v. Milberg Weiss Bershad Hynes & Lerach, 523 U.S. 26 (1998). · cites it 5× “† Title 28 U. S. C. § 1407 (a) authorizes the Judicial Panel on Multidistrict Litigation to transfer civil actions with common issues of fact “to any district for coordinated or consolidated pretrial proceedings,” but imposes a duty on the Panel to remand any such action to the…”
In Re United Mine Workers of Am. Emp. Benefit Plans Litig., 854 F. Supp. 914 (D.D.C. 1994). · cites it 6× “Nineteen defendants 1 in five of the cases, which have been transferred to this Court pursuant to 28 U.S.C. § 1407 for multidistrict proceedings, have filed motions to dismiss, pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure, or motions for judgment on the…”
In Re Brand-Name Prescription Drugs Antitrust Litig., 264 F. Supp. 2d 1372 (J.P.M.L. 2003). · cites it 7× “On October 19, 2001, the Panel, acting pursuant to 28 U.S.C. § 1407 , issued an order remanding the separated Sherman Act claims to their respective transferor courts.”
Kehr Ex Rel. Kehr v. Yamaha Motor Corp., USA, 596 F. Supp. 2d 821 (S.D.N.Y. 2008). · cites it 3× “Plaintiffs’ have made a Joint Motion for Transfer and Coordination under 28 U.S.C. § 1407 with plaintiffs in other actions to the Judicial Panel on Multidistrict Litigation on November 11, 2008.”
Show all 4,310 citing cases →
— 28 U.S.C. § 1407(a) — 7 cases
Lexecon Inc. v. Milberg Weiss Bershad Hynes & Lerach, 523 U.S. 26 (1998). “† Title 28 U. S. C. § 1407 (a) authorizes the Judicial Panel on Multidistrict Litigation to transfer civil actions with common issues of fact “to any district for coordinated or consolidated pretrial proceedings,” but imposes a duty on the Panel to remand any such action to the…”
The Regents of the Univ. of California v. Eli Lilly & Co., 119 F.3d 1559 (Fed. Cir. 1997).
In re Chiquita Brands Int'l, Inc., 190 F. Supp. 3d 1100 (S.D. Fla. 2016).
In Re the Regents of the Univ. of California, 964 F.2d 1128 (Fed. Cir. 1992).
In Re Four Seasons Sec. Laws Litig., 361 F. Supp. 636 (J.P.M.L. 1973).
— 28 U.S.C. § 1407(b) — 2 cases
In re Disposable Contact Lens Antitrust Litig., 306 F. Supp. 3d 372 (D.C. Cir. 2017).
In Re Welding Rod Prods. Liab. Litig., 406 F. Supp. 2d 1064 (N.D. Cal. 2005).
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