How MDLs resolve: bellwethers, settlements, and remand

The transferee judge often selects a representative set of cases to try first. These “bellwether” trials test the evidence and legal theories and give both sides information about how juries value the claims.

Bellwether results frequently lead to negotiated settlement programs that resolve many cases at once, often using a matrix that assigns values based on injury severity, exposure, and other factors.

Cases that are not dismissed or settled during the MDL can be transferred back to the district where they were originally filed so they can proceed to trial there.