294.73 sec. 1 - Multidistrict Litigation: The New Reality of Class Actions and Mass Torts (Fall 2026)
Instructor: Andrew David Bradt (view instructor's teaching evaluations - degree students only | profile)
Instructor: Elizabeth J Cabraser (view instructor's teaching evaluations - degree students only)
View all teaching evaluations for this course - degree students only
Units: 1
Grading Designation: Credit Only
Mode of Instruction: In-Person
Meetings:
W 3:35 PM - 5:25 PM
Location: Law 100
On 2026-08-19
W 3:35 PM - 5:25 PM
Location: Law 100
On 2026-09-02
W 3:35 PM - 5:25 PM
Location: Law 100
On 2026-09-16
W 3:35 PM - 5:25 PM
Location: Law 100
On 2026-09-30
W 3:35 PM - 5:25 PM
Location: Law 100
On 2026-10-14
W 3:35 PM - 5:25 PM
Location: Law 100
On 2026-10-28
W 3:35 PM - 5:25 PM
Location: Law 100
On 2026-11-18
Course End: November 18, 2026
Class Number: 33125
Enrollment info:
Enrolled: 84
Waitlisted: 1
Enroll Limit: 84
As of: 08/22 09:49 AM
This one-unit class will focus on one of the most important developments in modern civil practice: the emergence of Multidistrict Litigation, or MDL, as the primary mechanism for mass-tort and class-action litigation in the United States. The MDL statute, passed in 1968, provides for the consolidation of cases sharing a common question of fact before a single federal district judge for pretrial proceedings, such as motion practice, discovery, class certification, settlement negotiations, and often bellwether trials, if there is jurisdiction. Currently, the biggest and most important cases in the country are consolidated into MDLs, including the litigations involving the opioid crisis, concussions in the National Football League, not to mention enormous cases involving defective products and drugs, antitrust violations, securities fraud, and consumer data breaches. All told, MDL now comprises over two-thirds of the federal civil docket: over 450,000 pending cases are currently part of an MDL. In this class, we will examine how MDL was created, how it became so prominent, and how it works in the real world. For students interested in becoming litigators in a national practice, this course will be an in-depth introduction to the world of complex litigation, as it is practiced at the highest levels.
Exam Notes: (P) Final Paper
(Subject to change by faculty member only through the first two weeks of instruction)
Course Category: Litigation and Procedure
This course is listed in the following sub-categories:
Consumer Law & Economic Justice
If you are the instructor or their FSU, you may add a file like a syllabus or a first assignment.
Class materials may also be available on bCourses.berkeley.edu
Readers:
No reader.
Books:
Instructor has indicated that no books will be assigned.