- As of September 17, 2020, there are 3,704 plaintiffs in the MDL. Nearly 2000 of those cases remain unresolved via settlement, but nearly half of those are in active settlement discussions.
- In the most recent status conference, Judge Chhabria maintained the litigation stay in place until November 2, 2020, the date of the next status conference. Indications are that, if not settled, bellwether trials could come quickly, with the Gebeyehou case being the most likely candidate. Other potential bellwethers have been settled.
- Parties filed a joint case management statement and litigation plan, detailing what happens if settlements aren’t reached by November 2, 2020.
- MDL Judge Chhabria has set a hard remand docket, and also appointed mediator Ken Feinberg to help move settlement along. How this all comes together in settlement discussions remains to be seen, but Ken Feinberg was instrumental in the BP Oil Spill settlement, along with several other settlement regimes. Feinberg has been quoted as saying “They will be settled.”
Your monthly legal news update from Legalcalls.com by Attorney Jeff Keiser