MDL Proceedings are Set to Begin
On March 6, 2012, Judge Brody issued a roadmap for how the NFL Players’ Concussion Injury Multidistrict Litigation (MDL) proceedings will commence. This is commonly known as a Case Management Order, and it will apply to all currently pending cases, and any tag-along actions that will become part of the MDL.
An Initial Organization Conference will be held April 25th at 10:30 in Judge Brody’s courtroom. Prior to this date, Judge Brody has set several deadlines and assignments that the lawyers must do in order to be prepared for the Conference. Each will be discussed in turn.
All prior deadlines for responsive pleadings and discovery are stayed. For those wondering, the March 2nd deadline for the Easterling motion in response to the NFL’s motion to dismiss is no longer due.
By March 30, 2012, all prior motions that were filed before the suits were consolidated in Philadelphia must be refiled with Judge Brody. This means that the NFL’s motion to dismiss, that argues the lawsuits do not belong in court, must be refiled. Likewise, the Pear, Barnes & Maxwell plaintiffs’ motion, that argues the lawsuits should proceed to discovery, must also be refiled. The motions are not binding and will be used merely as a guidepost to ensure “an accurate record of all outstanding motions.”
By March 30, 2012, the lawyers must meet and discuss their plan for proceeding with the litigation. Judge Brody ruled in a footnote that counsel for the Easterling plaintiffs, Anapol Schwartz, will initiate this process. The lawyers will discuss who will lead the pretrial proceedings, and the various strategies that will be used throughout the litigation.
By April 4, 2012, the lawyers must file a Proposed Case Management Order and a Proposed Conference Agenda. The lawyers will provide a roadmap for how they plan the litigation will proceed. This will include dates for amending the complaints (i.e. BountyGate allegations, if any), dispositive motions, responsive pleadings, and any other pretrial motions; a detailed discovery plan; issues relating to requests for class certification; the feasibility of a master complaint; and a target date for the conclusion of the MDL.
By April 4, 2012, any counsel that wishes to serve as Lead Counsel, Liaison Counsel or Steering Committee Member must file an application.
To qualify for any of the above roles, the lawyer must have extensive experience with complex litigation, and provide the court with a resume of past MDLs he or she has been involved in.
Inferring from Judge Brody’s footnote above, my early money is on Larry Coben to act as Lead Counsel. And for Co-Lead Counsel, I bet it will be a lawyer from Hausfeld LLP. Judge Brody also stated her desire for a Steering Committee. According to Kirkland Pope of Pope McGlamry, Mike McGlamry will be seeking to lead the Discovery Committee, which is a subset of the Steering Committee. Finally, for Liason Counsel, my early money is on Gene Locks of The Locks Law Firm.
These “bets” are merely reasoned guesses, so don’t fault me if I am wrong, but do congratulate me if I am correct!
Based upon Judge Brody’s Order, multidistrict litigation will now officially begin. Although the MDL proceedings have started, former players not yet involved in the lawsuits can still join. Thus, I expect concussion-related lawsuits to continue to be filed against the NFL within the coming weeks. Any additional lawsuits filed will be sent to Judge Brody.
great post. thanks for the info!