JUUL Labs, Inc. recently filed a motion with the Joint Panel on Multidistrict Litigation (the “JPML”) to transfer cases against it for consolidated pretrial proceedings and further requested that the MDL be assigned to the Northern District of California. Juul is based in San Francisco. Reply briefs are due later this month and the motion may be considered at the next JPML session in late September in Los Angeles.
In its motion Juul stated that ten cases are pending against it in federal court, along with state cases. Citing 28 U.S.C. § 1407(a) in its motion, Juul stated, “Consolidation of pretrial proceedings in an MDL is appropriate if (1) actions pending in different federal courts involve “one or more common questions of fact”; and (2) consolidation “will be for the convenience of parties and witnesses and will promote the just and efficient conduct of such actions.”
Tellingly, Juul’s motion says that it anticipates that more cases will be filed, stating that five of the ten federal lawsuits were filed within the last four months. Juul further states: “the plaintiffs’ bar is actively encouraging the filing of additional e-cigarette lawsuits by holding seminars detailing the supposed facts and legal theories for lawsuits” against them, specifically mentioning an upcoming Harris Martin seminar on September 18th in St Louis.
Verus is proud to be a sponsor of the Harris Martin seminar. For more information on the seminar or to register, please visit the seminar’s website. Perhaps we see things a little differently than the folks at Juul, because we think allowing a hearing of facts and holding parties accountable under the law are foundational principles of our judicial system.