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For those unfamiliar with the procedure for creation of multi-district litigation (MDL), the process can seem daunting and unpredictable. For example, you may be in the beginning stages of litigating a few manageable consumer products-related cases in federal court. Before you even file a responsive pleading, however, the plaintiffs raise the stakes and seek to create an MDL, consolidating your cases with several other actions in different jurisdictions against competing manufacturers. Such a scenario forces you to field questions regarding the probability of consolidation and whether you have a real opportunity to oppose the MDL.

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