MDL Status Update

This afternoon I received the following email from Hausfeld LLP, the law firm representing the Jacobs and Boyd plaintiffs.

On Thursday, January 26, the U.S. Judicial Panel on Multidistrict Litigation convened in Miami and heard arguments relating to the consolidation of NFL concussions cases around the country. Both the NFL and the majority of plaintiffs requested that all concussion-related litigation be transferred to the Eastern District of Pennsylvania in Philadelphia, under Judge Anita Brody. Currently, Hausfeld LLP has a case in Judge Brody’s court, representing 106 plaintiffs alleging negligence and personal injury claims, as well as a medical monitoring claim filed in the Southern District of New York.

     Lawyers from around the country supported the NFL’s motion to transfer. Hausfeld LLP filed a brief in support of consolidation in Judge Brody’s court. Only two firms dissented, requesting consolidation in the District of New Jersey or the North District of Georgia. However, even the dissenting firms expressed no objection to consolidation in Philadelphia, praising Judge Brody’s record as a jurist and ability to handle the litigation.

     Riddell, a defendant in three of the pending cases, opposed the plaintiffs’ and NFL’s request for consolidation. Instead, Riddell’s lawyer argued that the helmet manufacturer should not be caught in the crossfire of plaintiffs’ dispute with the NFL, and Riddell requested that the three cases pending against them in California remain there as separate actions. When questioned further, Riddell’s lawyer acknowledged that this would lead to a separate line of cases in California and Pennsylvania. The panel noted that such a decision would defeat the purpose of consolidation, which is to prevent disparate rulings around the country.

     The panel did not immediately rule on the issue. A ruling is expected in the coming weeks. In the meantime, Hausfeld LLP is coordinating with other plaintiffs’ counsel and working diligently towards preparing the case.