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Assuming jurisdiction, most parties will first look to removing a case filed in state courtto federal court. Federal court also offers multidistrict litigation (“MDL”). The procedureis codified at 28 U.S.C. § 1407. One of the goals of MDL is to foster consistent judicialrulings. MDL proceedings have been in place in the federal courts since the late1960s. 22Some states (such as Texas) have their own MDL procedures. Using a state court’s“mini-MDL” procedure where catastrophic litigation is pending may be a preferablealternative to federal MDL (or litigating in multiple courts). 23Another procedural streamlining method is known as the “Colorado River Doctrine.”The Doctrine is a rule of abstention arising from considerations of judicial economy. Itallows a federal court to abstain from resolving a pending lawsuit in deference to a statecourt action. 24The Colorado River Doctrine can sometimes be strategically used toconsolidate all claims into a single court.Some trial court judges will also consider staying civil litigation during pendingadministrative, criminal or grand jury proceedings. 25When a party can demonstrate a22 28 U.S.C. § 1407 (a): “When civil actions involving one or more common questions of fact are pendingin different districts, such actions may be transferred to any district for coordinated or consolidatedpretrial proceedings.” Please also note subsection (c): “Proceedings for the transfer of an actionunder this section may be initiated by: (i) the judicial panel on multidistrict litigation upon its owninitiative, or (ii) motion filed with the panel by a party in any action in which transfer for coordinated orconsolidated pretrial proceedings under this section may be appropriate.”23 Chapter 74, Texas Government Code, Subchapter H (1995).24 Colorado River Water Conservation Dist. v. United States, 424 U.S. 800, 96 S.Ct. 1236 (1976). Thefederal court must weigh five specified factors in deciding whether to abstain and defer to state courtproceedings.25 Catastrophic litigation can present great challenges in responding to government agency investigations.In the mine case, there were simultaneous requests for documents and statements from MSHA, theDepartment of Labor, the Department of the Interior, the State of Utah, the House of Representatives,

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