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MDL Oral Arguments Set for January 26

2012 January 18
by Paul Anderson

The Panel on multidistrict litigation (MDL) in the NFL Concussion Injury Litigation: MDL #2323, has scheduled oral arguments for January 26, 2012 in Miami, Florida.

The Panel will hear arguments from all parties that have filed suit against the NFL and Riddell Helmets. The hearing will determine if the fifteen currently pending lawsuits should be consolidated to the Eastern District of Pennsylvania.

The hearing should be uneventful since all the Plaintiffs are in support of the NFL’s Motion to Transfer and Consolidate the cases to the Eastern District of Pennsylvania, to be heard in front of Judge Anita Brody.

The only party that has objected to the NFL’s Motion is Riddell Helmets. Riddell was named a Defendant in the Maxwell, Pear, and Barnes lawsuits. According to Riddell’s Motion, it argues that it opposes the Motion to Consolidate because 1) there is currently a Motion to Dismiss pending in the Central District of California—where the three above lawsuits were filed–and 2) Riddell defendants are not a party in the majority of the actions filed against the NFL, and thus, common questions of fact are lacking.

The purpose of multidistrict litigation is to provide a single forum where all pre-trial motions and discovery can take place. The polestar is judicial economy and to prevent duplicative rulings.

Therefore, it is highly likely the Panel will rule in favor of the NFL’s Motion to Transfer and Consolidate to an MDL.

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