What must defense counsel do to prepare for trial after a MDL court remands a case to the transferor court?  How are issues not resolved in the Multidistrict Litigation preserved for trial following remand. Not a great deal has been written about the strategic trial issues that may arise post-remand.  This may be because most cases transferred under 28 U.S.C. 1407 are resolved in the MDL and there is often little need to transfer back many cases at the completion of MDL proceedings.  Indeed, the Judicial Panel on Multidistrict Litigation reported that, as of September 2013, only slightly more than six … Continue reading →