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NEW MOTIONS TO CONSOLIDATE
This listing provides new and recent motions filed before the JPML requesting that the panel consolidate multiple cases in one district court for pretrial proceedings. Once a new motion is filed, it generally takes several months for the panel to act on the motion. First, it schedules the motion for oral argument — this can take two to three months — and then, shortly thereafter, will announce its decision to transfer to one district or deny transfer. The next oral arguments on motions to consolidate are scheduled for May 30, 2024. For JPML rulings on recent motions to consolidate, click here.
MDL #3119 IN RE: Shale Oil Antitrust Litigation
Issue: Plaintiffs seek consolidation of suits alleging that eight of the nation’s biggest shale oil producers have conspired to constrain domestic shale oil production, which has had the effect of raising the price of petroleum-based products. (Date filed 5/8/24)
MDL #3118, IN RE: Yu Luo Shelf Bracket (‘683) Patent Litigation
Issue: The owner of a patent for a shelf bracket product, which is recognized as an inventive design in the furniture industry, seeks to create an MDL docket for two patent infringement actions. (Date filed 4/22/24)
MDL #3117, IN RE: New York Tax Foreclosure Surplus Litigation
Issue: Plaintiffs allege that they were damaged by government retention of surplus proceeds or equity,
in excess of taxes and fees owed, after foreclosing on real estate for nonpayment of taxes. (Date filed 4/9/24)
MDL #3115, IN RE: Consumer Vehicle Driving Data Tracking Litigation
Issue: Motion by plaintiff to consolidate cases involving auto manufacturers’ alleged unlawful collection and dissemination to third parties of consumer driving data through in-vehicle telematics systems. (Date filed 4/5/24)
MDL #3114, IN RE: AT&T Customer Data Security Breach Litigation
Issue: Plaintiffs claim that AT&T failed to prevent a cyberattack that resulted in the theft and dissemination of at least 73 million individuals’ sensitive and personal information. (Date filed 4/2/24)
MDL #3113, IN RE: Apple Smartphone Antitrust Litigation
Issue: In motion to consolidate, plaintiffs allege that Apple knowingly deters competition by
designing iPhones to block cross-platform technologies between iPhones and Android
smartphones in order to increase Apple’s smartphone monopoly. (Date filed 3/30/24)
MDL #3112, IN RE: Iowa Student Loan Liquidity Corporation Litigation
Issue: Allegations re defendant’s collection of student loans through the use of confessions of judgment (Date filed 3/29/24)
MDL #3111, IN RE: Capital One 360 Savings Account Interest Fee Litigation
Issue: Capitol One seeks to consolidate litigation that alleges that the bank paid too little interest on and deceptively marketed its 360 Savings account. (Date filed 3/20/24)
MDL #3110, IN RE: Granulated Sugar Antitrust Litigation
Issue: In motion to consolidate, plaintiffs allege in motion to consolidate that defendants, including the largest sellers of sugar in the United States, conspired to artificially inflate the price of granulated sugar sold in the United States in violation of federal and state antitrust laws. (Date filed 3/19/24)
MDL No. 3109, IN RE: Video Game Addiction Products Liability Litigation
Issue: Plaintiffs seek consolidation of cases accusing defendants — Apple Inc., Blizzard Entertainment Inc., Google LLC, and others — of marketing and selling video games that allegedly contain harmful and psychologically addictive features. (Date filed 3/14/24)
MDL #3108, IN RE: Change Healthcare Inc. Customer Data Security Breach
Issue: Plaintiffs, customers of Change Healthcare, seek consolidation of cases involving a data breach that resulted in the exposure of personally identifiable information, including medical records, claims information, contact information, and Social Security numbers, of millions of persons located throughout the United States. (Date filed 3/12/24)
MDL #3107, IN RE: Passenger Vehicle Replacement Tires Antitrust Litigation
Issue: Allegation that some of the largest tire manufacturers have conspired to artificially increase and fix the prices of new replacement tires for passenger cars, vans, trucks, and buses sold in the United States. (Date filed 2/27/24)
MDL #3106 IN RE: Recore Antitrust Litigation
Issue: Defendant Recore alleged to have engaged in fraud to induce DPF Alternatives (a nationwide franchisor that specializes in providing diesel particulate filter services to the diesel industry) into a business relationship based on Recore’s “patented” products. (Date filed 2/6/24)
MDL #3105, IN RE: College Athlete Compensation Antitrust Litigation
Issue: Motion to transfer filed by current or former college athletes at National Collegiate Athletic Association (NCAA) member universities who have been prohibited from receiving market-value compensation for their athletic services. (Date filed 1/16/24)
MDL #3104, IN RE: Hotel Industry Sex Trafficking Litigation (No. II)
Issue: Plaintiffs seek relief pursuant to Trafficking Victims Protection Reauthorization Act, which provides survivors a civil remedy against anyone who knowingly benefitted from their abuse and exploitation. (Date filed 1/9/24)
MDL #3103, IN RE: Aflibercept Patent Litigation
Issue: Plaintiff Regeneron alleges patent infringement re biosimilar versions of Eylea, used in the age-related treatment of macular degeneration, macular edema, and diabetic retinopathy. (Date filed 1/11/24)
MDL #3102, IN RE: The Church of Jesus Christ of Latter-Day Saints Tithing Litigation
Issue: Action filed against LDS alleging misuse and misappropriation of tithes. (Date filed 1/4/24)
MDL 3101, IN RE: Baby Food Sales Practices & Products Liability Litigation (No. II)
Issue: Plaintiffs claim that they sustained brain injury manifesting as autism as result of consumption of defendants’ baby foods. Defendants include Beech-Nut Nutrition Company, Gerber Products Company, Nestle S.A., and others. (Date filed 1/4/24)
MDL #3100, IN RE: Real Estate Commission Antitrust Litigation
Issue: Plaintiffs challenge rules adopted by the National Association of Realtors that require home sellers to make blanket unilateral offers of compensation to cooperating brokers when listing a residential property for sale on a Multiple Listing Service and restrict the negotiation of such offers. (Date filed 12/27/23)
MDL #3099, IN RE: Citrix Software Customer Data Security Breach Litigation
Issue: Motion to consolidate by plaintiffs regarding a data breach in which cybercriminals were allegedly able to leverage a vulnerability in a Citrix network device, resulting in the compromise of the personally identifying information of over 36 million customers of Comcast. (Date filed 1/4/24)
MDL #3098, IN RE: 23andMe Inc. Customer Data Security Breach Litigation
Issue: Defendant seeks consolidation of actions concerning a security breach that allegedly exposed customer profile information that such customers chose to make available to their genetic relatives. (Date filed 12/21/23)
MDL #3097, IN RE: Concrete and Cement Additives Antitrust Litigation (No. II)
Issue: Plaintiffs’ motion to consolidate, brought on behalf of purchasers of concrete and cement additives, alleges price-fixing in the industry. (Date filed 12/19/23)
MDL #3096, IN RE: Perry Johnson & Associates Data Security Breach Litigation
Issue: Allegation that defendant failed to prevent cyberattack that resulted in the theft of approximately 8.9 million individuals’ sensitive information. (Date filed 12/8/23)
MDL #3095 IN RE: Kaiser Covid-19 Vaccination Employment Practices Litigation
Issue: Defendants seek consolidation of actions in which plaintiffs challenge requirement for Covid vaccinations in spite of their religious beliefs. (Date filed 12/5/23)
MDL #3094, IN RE: Glucagon-like Peptide-1 Receptor Agonists Products Liability Litigation
Issue: Plaintiffs claim that they suffered gastrointestinal and associated injuries after receiving
glucagon-like peptide-1 receptor agonists, such as Ozempic, Wegovy, and Mounjaro. (Date filed 12/1/23)
MDL #3093, IN RE: Pipe Flashing Patent Litigation
Issue: Defendant seeks consolidation re patents that describe a “pipe flashing apparatus and method,” more specifically, a weather-proof collar that can be placed around rooftop pipes of varying diameters. (Dated filed 11/22/23)
MDL #3092, IN RE: Suboxone Film Marketing, Sales Practices, and Products Liability Litigation
Issue: Plaintiffs allege that users who were prescribed Suboxone strips to treat opioid use disorder were not warned about the drug’s side effects, including tooth decay, tooth loss, broken teeth, and other dental complications requiring oral surgery to have teeth pulled. (Date filed 11/14/23)
MDL #3091, IN RE: Eyewear Antitrust Litigation
Issue: Defendants — including Essilor Luxottica, Costa del Mar Inc., Frames for America Inc., and Oakley Inc. — seek consolidation of plaintiffs’ allegations of antitrust violations in regard to exclusive intellectual property licenses and supply and distribution agreements. (Date filed 11/1/23)
MDL #3090, IN RE: Fortra File Transfer Software Data Security Breach Litigation
Issue: Litigation involves cyber-attack that occurred in January 2023 when software company Fortra’s file transfer software was targeted by a Russian-linked ransomware group. (Date filed 10/16/23)
MDL #3089, IN RE: Oral Phenylephrine Marketing and Sales Litigation
Issue: Plaintiffs allege that the ingredient phenylephrine marketed by defendants as a decongestant was essentially no better than a placebo. Defendants include Johnson & Johnson, Proctor & Gamble, Walmart, among others. (Date filed 9/18/23.)
MDL #3088, IN RE: Bank of America Fraudulent Account Litigation
Issue: Plaintiff alleges that Bank of America’s employees, under pressure to increase sales in order to keep their jobs, submitted applications for and issued credit cards on behalf of consumers without their knowledge or consent. (Date filed 9/13/23)
MDL #3087, IN RE: Future Motion Inc. Products Liability Litigation
Issue: Defendant Future Motion, manufacturer of the Onewheel, a one-wheeled electric skateboard, seeks consolidation of litigation alleging injury due to falling from a Onewheel while riding. (Date filed 9/1/23)
MDL #3084, IN RE: Uber Technologies Passenger Sexual Assault Litigation
Issue: Allegation that Uber failed to adequately vet its drivers and failed to take appropriate safety precautions once it had notice that a subset of Uber drivers were sexual predators and were sexually assaulting Uber passengers on a widespread basis. (Date filed 7/14/213)
MDL #3083, IN RE: MOVEit Customer Data Security Breach Litigation
Issue: Plaintiffs allege that the MOVEit file transfer application bears responsibility for a security breach of the data of more than 15 million persons whose information was stolen by the Russian ransomware group CL0P between late May and early June 2023. (Date filed: 7/6/23)
MDL #3082, IN RE: Southwest Airlines Co. Flight Disruption Litigation
Issue: Motion to consolidate filed by plaintiff on behalf of all persons who purchased tickets for travel on a Southwest Airlines flight and that flight was delayed and/or cancelled from December 24, 2022, and January 2, 2022, and who were not provided a refund and/or reimbursed for incurred expenses as a result of the delay. (Date filed: 5/30/23)
MDL #3081, IN RE: Bard Implanted Port Catheter Products Liability Litigation
Issue: Plaintiffs allege design defects with implanted port catheters, including the Bard PowerPort system, which plaintiffs claim is prone to fracture and fail, leading to infections, blood clots, and other injuries. (Date filed: 5/24/23)
MDL #3080, IN RE: Insulin Pricing Litigation
Issue: The states of Arkansas, Illinois, Kansas, Mississippi, and Montana seek to transfer to the Southern District of Mississippi their lawsuits alleging a conspiracy to artificially inflate the price of insulin. (Date filed: 5/9/23)
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