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JPML RULINGS ON MARCH 2024 HEARINGS
RE MOTIONS TO CENTRALIZE NEW MDLs
Click on the links below for a discussion by the JPML of its decision to transfer (centralize) or not transfer in each of the MDLs.
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.
Transfer denied 4/11/24.
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.
Transfer denied 4/11/24.
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.
Transfer denied 4/11/24.
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.
Transfer granted 4/11/24 to Thomas S. Kleeh in the Northern District of West Virginia.
MDL #3102, IN RE: Church of Jesus Christ of Latter-Day Saints Tithing Litigation
Issue: Action filed against LDS alleging misuse and misappropriation of tithes.
Transfer granted 4/11/24 to Honorable Robert J. Shelby in the District of Utah.
MDL #3101, IN RE: Baby Food Marketing, 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.
Transfer granted 4/11/24 to Jacqueline Scott Corley in the Northern District of California.
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.
Transfer denied 4/12/24.
MDL #3098, IN RE: 23andMe 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.
Transfer granted 4/11/24 to Edward M. Chen in the Northern District of California.
MDL #3097, IN RE: Concrete and Cement Additives Antitrust Litigation
Issue: Plaintiffs’ motion to consolidate, brought on behalf of purchasers of concrete and cement additives, alleges price-fixing in the industry.
Transfer granted 4/12/24 to Lewis J. Liman in Southern District of New York.
JPML RULINGS ON JANUARY 2024 HEARINGS
RE MOTIONS TO CENTRALIZE NEW MDLs
MDL #3096, IN RE: Perry Johnson & Associates Medical Transcription 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)
Transfer granted 1/30/24 to Rachel P. Kovner in the Eastern District of New York.
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)
Transfer denied 1/30/24.
MDL #3094, IN RE: Diabetes & Weight Los Drugs Ozempic and Mounjaro Product Liability Litigation
Issue: Plaintiffs claim that they suffered gastrointestinal and associated injuries after receiving
glucagon-like peptide-1 receptor agonists, such as Ozempic, Mounjaro, and Wegovy (Date filed 12/1/23)
Transfer granted 2/2/24 to Gene E. K. Pratter in the Eastern District of Pennsylvania.
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)
Transfer granted 1/30/24 to Donald C. Nugent in the Northern District of Ohio.
MDL #3092, IN RE: Suboxone Film 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)
Transfer granted 2/2/24 to J. Philip Calabrese in the Northern District of Ohio.
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)
Transfer granted 2/5/24 to Rodolfo A. Ruiz II in the Southern District of Florida.
JPML RULINGS ON SEPTEMBER 2023 HEARINGS
RE MOTIONS TO CENTRALIZE NEW MDLs
MDL #3089, IN RE: Oral Phenylephrine Marketing and Sales Practices 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.
Transfer granted 12/6/23 to Brian M. Cogan in the Eastern District of New York.
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.
Transfer denied 12/6/23.
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.
Transfer granted 12/8/23 to Beth Labson Freeman in the Northern District of California.
MDL #3085, IN RE: Pennsylvania Department of Corrections Inmate Confinement Litigation
Issue: Litigation involves plaintiff’s alleged disabilities and the conditions of his confinement at various Pennsylvania correctional facilities.
Transfer denied 10/4/23.
MDL #3084, IN RE: Uber Technologies, Inc., 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.
Transfer granted 10/4/23 to Charles R. Breyer in the Northern District of California.
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.
Transfer granted 10/4/23 to Allison D. Burroughs in the District of Massachusetts.
JPML RULINGS ON JULY 2023 HEARINGS
RE MOTIONS TO CENTRALIZE NEW MDLs
MDL #3081, IN RE: Bard Implanted Port Catheter Products Liability Litigation
Issue: Allegation that defendants manufacture the catheter component of their port devices with a concentration of barium sulfate that reduces the material integrity of the catheter, and that can lead to injuries, including infection, fracture of the catheter, migration of the catheter, and thrombosis.
Transfer granted 8/8/23 to David G. Campbell in the District of Arizona.
MDL #3080, IN RE: Insulin Pricing Litigation
Issue: Litigation concerns an alleged scheme between insulin manufacturers and pharmacy benefit managers to fraudulently inflate the price of insulin and other diabetes medications.
Transfer granted 8/3/23 to Brian R. Martinotti in the District of New Jersey.
JPML RULINGS ON MAY 2023 HEARINGS
RE MOTIONS TO CENTRALIZE NEW MDLs
MDL #3079, IN RE: Tepezza Sales Practices and Products Liability Litigation
Issue: Plaintiff claims she suffered hearing loss as result of use of Tepezza, a drug used to treat thyroid eye disease.
Transfer granted 6/2/23 to Thomas M. Durkin in the Northern District of Illinois.
MDL #3078, IN RE: Generac Solar Power Systems Sales Practices and Products Liability Litigation
Issue: Allegation of defective solar energy systems, some of them dangerous.
Transfer granted 6/2/23 to Lynn S. Adelman in the Eastern District of Wisconsin.
MDL #3077, IN RE: Varsity Spirit Athlete (Cheerleader) Abuse Litigation
Issue: Plaintiffs are a group of current or former private cheerleaders who allege they were subjected to “unimaginable and pervasive sexual, physical, and financial abuse” while competing for the Varsity network, an interconnected amalgam of clinics, camps, competitions, and affiliated gyms.
Transfer denied 6/5/23.
MDL #3076, IN RE: FTX Cryptocurrency Exchange Collapse Litigation
Issue: Plaintiffs seek consolidation for pretrial purposes of the litigation arising out of the collapse of the FTX cryptocurrency trading platform. Plaintiffs request that the litigation take place in the Southern District of Florida.
Transfer granted 6/5/23 to K. Michael Moore in the Southern District of Florida.
MDL #3075, IN RE: Prepared Food Photos, Inc., Copyright Litigation
Issue: Slice (MyPizza Technologies Inc. d/b/a Slice) seeks to consolidate lawsuits that allege it used photos that violated plaintiff’s copyright. Slice is defendant in these suits. Prepared Food Photos is plaintiff.
Transfer granted 6/5/23 to Mary S. Scriven in the Middle District of Florida.
MDL #3074, IN RE: BPS Direct, LLC, and Cabela’s, LLC, Wiretapping Litigation
Issue: Allegation that defendants “surreptitiously intercepted, disclosed and/or wiretapped” the electronic communications of visitors to their websites, www.cabelas.com and www.basspro.com, in violation of state and federal privacy laws. Both sites involve marine fishing and electronic equipment.
Transfer granted 6/2/23 to Mark A. Kearney in the Eastern District of Pennsylvania.
MDL #3073, IN RE: T-Mobile 2022 Customer Data Security Breach Litigation
Issue: Even after experiencing one of the largest data breaches in U.S. history in August 2021 (MDL #3019), T-Mobile announced on January 19, 2023, that it had once again suffered a massive data breach, allegedly exposing the highly sensitive personal information of 37 million consumers. This motion to consolidate involves the latter security breach.
Transfer granted 6/2/23 to Brian C. Wimes in the Western District of Missouri.
JPML RULINGS ON MARCH 2023 HEARINGS
RE MOTIONS TO CENTRALIZE NEW MDLs
MDL #3072, IN RE: Air Crash Into the Java Sea on January 9, 2021
Issue: Defendant Boeing moves to centralize actions arise from January 2021 crash of Boeing 737-500 aircraft into the Java Sea off the coast of Indonesia.
Transfer granted 4/7/23 to Claude M. Hilton in the Eastern District of Virginia.
MDL #3071, IN RE: RealPage Inc. Rental Software Antitrust Litigation (No. II)
Issue: Allegation of collusion by RealPage and numerous lessors of multifamily residential real estate across the
country to fix and raise lease prices.
Transfer granted 4/10/23 to Waverly D. Crenshaw Jr. in the Middle District of Tennessee.
MDL #3070, IN RE: National Grid Tax Gross-Up Adder Litigation
Issue: Plaintiffs allege that defendant utilities acted in bad faith and imposed an unlawful charge on plaintiff independent solar power generators.
Transfer denied 4/10/23.
MDL #3068, IN RE: Unilever Aerosol Sales Practices and Products Liability Litigation
Issue: Allegations that certain Unilever aerosol products (antiperspirants and dry shampoo products) contained inappropriate amounts of benzene.
Transfer denied 4/7/23.
MDL #3067, IN RE: TikTok In-App Browser Consumer Privacy Litigation
Issue: Plaintiffs allege that TikTok illegally intercepts users’ communications and activities on third-party websites through the web browser within the TikTok app.
Transfer denied 4/7/23.
JPML RULINGS ON JAN 2023 HEARINGS
RE MOTIONS TO CENTRALIZE NEW MDLs
MDL #3065, IN RE: The Litigation Practice Group Credit Repair Organizations Act Contract Litigation.
Issue: LPG, a California law corporation, alleged to have violated the Credit Repair Organizations Act by falsely representing to clients that it would remove debts from their credit reports and improve their credit ratings.
Transfer denied 2/6/23.
MDL #3064, IN RE: Harley-Davidson Aftermarket Parts Sales Practices and Antitrust Litigation
Issue: Allegation that defendant Harley-Davidson unlawfully tied the validity of its new motorcycle two-year warranty to consumers’ exclusive use of Harley-Davidson replacement parts and authorized repair services.
Transfer granted 2/8/23 to Judge William C. Griesbach in the Eastern District of Wisconsin.
MDL #3062, IN RE: Crop Protection Products Loyalty Program Antitrust Litigation.
Issue: Plaintiffs claim violation of antitrust laws by producers of crop protection products entering into loyalty agreements with major distributors and retailers to illegally foreclose market entry by generic pesticide competitors.
Transfer granted 2/6/23 to Judge Thomas D. Schroeder in the Middle District of North Carolina.
MDL #3060, IN RE: Hair Relaxer Products Liability Litigation.
Issue: Defendants’ hair relaxer products alleged to contain endocrine-disrupting chemicals that can cause an increased risk of developing uterine, ovarian, or breast cancer, or other injuries to the reproductive system.
Transfer granted 2/6/23 to Judge Mary M. Rowland in the Northern District of Illinois.
MDL #3059, IN RE: Beyond Meat Protein Content Marketing and Sales Practices Litigation.
Issue: Allegation that defendant Beyond Meat Inc., which sells plant-based meat substitutes, miscalculates and overstates its products’ protein content.
Transfer granted 2/1/23 to Judge Sara L. Ellis in the Northern District of Illinois.
MDL #3058, IN RE: Trans Union Balance After Bankruptcy Discharge Fair Credit Reporting Act Litigation.
Issue: Plaintiffs contend that Trans Union inaccurately reported a balance on one or more former accounts that were subject to bankruptcy discharge.
Transfer denied 2/6/23.
MDL #3056, IN RE: Overby-Seawell Co. (OSC) Customer Data Security Breach Litigation.
Issue: Litigation relates to a July 2022 incident in which an “unauthorized external party” gained remote access to OSC’s network and acquired certain personally identifiable information of OSC clients.
Transfer granted 2/1/23 to Judge Stephen D. Grimberg in Northern District of Georgia.
MDL #3055, IN RE: Samsung Customer Data Security Breach Litigation.
Issue: Data security breach of Samsung’s U.S. systems in or around July 2022 allegedly compromised personal information of millions of consumers using Samsung products and services.
Transfer granted 2/1/23 to Christine P. O’Hearn in the District of New Jersey.
JPML RULINGS ON DEC 2022 HEARINGS
RE MOTIONS TO CENTRALIZE NEW MDLs
MDL #3054, IN RE: Stivax Marketing and Sales Practices Litigation
Issue: Plaintiffs allege that defendants persuaded them to purchase auricular electro-acupuncture devices by falsely representing that the devices and related services were reimbursable under the Medicare Program.
Transfer denied 12/12/22.
MDL #3053, IN RE: Nelnet Servicing Customer Data Security Breach Litigation
Issue: Action involves alleged data breach of Nelnet — one of the largest student loan servicers in the United States — that was discovered in July 2022 and that compromised the personal identifying information of approximately 2.5 million current and former Nelnet account holders.
Transfer denied 12/13/22.
MDL #3052, IN RE: Kia Hyundai Vehicle Theft Litigation
Issue: Allegation that certain Kia and Hyundai vehicles are unduly susceptible to theft.
Transfer granted 12/13/22, to Judge James V. Selna in the Central District of California.
MDL #3051, IN RE: Chrysler & GM ARC Airbag Inflators Products Liability Litigation
Issue: ARC airbag inflators alleged to have a defect that can cause them to rupture, dispersing shrapnel, and injuring or killing vehicle occupants.
Transfer granted 12/15/22, to Judge Eleanor L. Ross in the Northern District of Georgia.
MDL #3050, IN RE: Chantix (Varenicline) Sales Practices and Products Liability Litigation
Issue: Plaintiffs claim they purchased or ingested smoking cessation Chantix containing a probable human carcinogen and, as a result, suffered economic losses and require medical monitoring.
Transfer granted 12/22/22, to Judge Katherine Polk Failla in the Southern District of New York.
JPML RULINGS ON SEPT 2022 HEARINGS
RE MOTIONS TO CENTRALIZE NEW MDLs
MDL #3048, IN RE: Klamath River Basin Litigation
Issue: Litigation involves different aspects of the operation of the Klamath Project, a federal reclamation project that provides water for irrigation in southern Oregon and northern California to the Klamath River downstream of the project.
Transfer denied 10/4/22.
MDL #3047, IN RE: Social Media Adolescent Addiction/Personal Injury Products Liability Litigation
Issue: Allegation that Facebook and other social media platforms are defective because they are designed to maximize user screen time, which can encourage addictive behavior in adolescents.
Transfer granted 10/6/22, to Judge Yvonne Gonzalez Rogers in the Northern District of California.
MDL #3044, IN RE: Exactech Polyethylene Orthopedic Products Liability Litigation
Issue: Plaintiffs allege that their knee or hip replacement devices failed prematurely because of degradation of the device’s polyethylene component, which resulted in the premature removal of the prosthesis at issue.
Transfer granted 10/7/22, to Judge Nicholas G. Garaufis in the Eastern District of New York.
MDL #3043. IN RE: Acetaminophen (Tylenol) Autism/ADHD Products Liability Litigation
Issue: Plaintiffs allege that they used over-the-counter generic acetaminophen products (Tylenol) while pregnant and, as a result of prenatal exposure to acetaminophen, their children developed autism spectrum disorder (ASD), attention deficit hyperactivity disorder (ADHD), or both.
Transfer granted 10/5/22, to Judge Denise L. Cote in the Southern District of New York.
JPML RULINGS ON AUG 2022 HEARINGS
RE MOTIONS TO CENTRALIZE NEW MDLs
MDL #3042, IN RE: Taasera Licensing LLC Patent Litigation
Issue: Eleven patents owned by Taasera in the field of computer network security.
Transfer granted 8/3/22, to Judge J. Rodney Gilstrap in the Eastern District of Texas.
MDL #3041, IN RE: Supplemental Nutrition Assistance Program Litigation
Issue: Actions allege that the U.S. Department of Agriculture Food & Nutrition Service unlawfully has disqualified various stores from the Supplemental Nutrition Assistance Program (“SNAP”), a program that provides nutrition benefits to low-income individuals and families that are used at stores to purchase food.
Transfer denied 8/2/22.
MDL #3040, IN RE: Chrysler Pacifica Fire Recall Products Liability Litigation
Issue: Allegation that Chrysler Pacifica Plug-In Hybrid Electric Vehicles (model years 2017 and 2018) have a defect that makes them prone to fire and explosion and that the manufacturer’s voluntary recall notice issued on February 11, 2022, was inadequate.
Transfer granted 8/3/22, to Judge David M. Lawson in the Eastern District of Michigan.
MDL #3039, IN RE: Kronos Customer Data Security Breach Litigation
Issue: Litigation based on a data security breach of Kronos’ cloud-based time and attendance systems and workforce management software applications in December 2021, the breach alleged to have caused an outage of Kronos’ payroll system.
Transfer denied 8/3/22.
MDL #3038, IN RE: Ozempic (Semaglutide) Patent Litigation
Issue: Plaintiff Novo Nordisk challenges Abbreviated New Drug Applications by defendants seeking approval by the U.S. Food & Drug Administration to make and sell generic versions of Ozempic, which is prescribed for the treatment of type 2 diabetes and for long-term weight management.
Transfer granted 8/5/22, to Judge Colm F. Connolly in the District of Delaware.
MDL #3037, IN RE: Recalled Abbott Infant Formula Products Liability Litigation
Issue: Alleged contamination of certain powdered infant formulas manufactured at Abbott’s manufacturing facility in Sturgis, Michigan.
Transfer granted 8/5/22, to Judge Matthew F. Kennelly in the Northern District of Illinois.
MDL #3036, IN RE: Gardasil Products Liability Litigation
Issue: Plaintiffs allege that their minor children developed postural orthostatic tachycardia syndrome (POTS) and various other injuries as the result of an autoimmune reaction to the Gardasil vaccine, which is recommended for the prevention of certain strains of the human papillomavirus (HPV) and various cancers.
Transfer granted 8/4/22, to Judge Robert J. Conrad Jr. in the Western District of North Carolina.
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