How Does a lawyer avoid having a case consolidated under multidistrict litigation rules?
The MDL rules provide that when a consolidation occurs all cases of a similar nature then filed as well as all later cases that may be filed are to be sent to one judge. These later cases are call "tag-a-long" cases. Therefore, what sometimes occurs is a lawyer will file a case in a state court, have it removed to the federal court in the state where it was filed, and then, have the case subsequently transferred to a distant state. To avoid this scenario, the complaint filed in state court must assert claims over which a federal court does not have jurisdiction.
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