3M Update with Jennifer Hoekstra

By Christina Grube

(MASS TORT NEWS) Judge M. Casey Rodgers announced a stay of deadlines in the 3M MDL 2885–currently the largest MDL in the United States. Lead Plaintiff Counsel Jennifer Hoekstra of Aylstock, Witkin, Kreis & Overholtz told Mass Tort News that Plaintiff leaders view the decision as “a positive sign for the MDL.”

Judge Rodgers explained in his ruling–seen below–that while stalling deadlines “will inject further delay into the litigation…appellate review of the Court’s decision – if desired by either side – needs to occur before thousands of cases are remanded to transferor courts around the country for trial.” 

Hoekstra echoed Rodgers sentiments and told MTN, “The certainty of appellate review of the bellwether determinations will expedite the remand process overall.”

“In addition to the stay,” she continued, “Judge Dalton also issued orders on post-trial briefing for one of the 16 Bellwether trials last week. Post-trial briefing is still pending on 5 other bellwether trials (for 6 separate Plaintiffs) from the end of 2021/spring of 2022. The stay provides an opportunity to proceed with post-trial ruling and appeals of those verdicts to the 11th Circuit, while waiting on rulings for the 7 Bellwether cases which are already under 11th Circuit review.”

Judge Rodgers also instructed docket leadership to use the stay to foster more settlement discussions. “No other MDL litigants in this country have obtained more objectively representative and reliable data points about individual claims, and the broader whole, in this timeframe, than the parties in this litigation,” Judge Rodgers wrote. “Whether they use the information honestly and responsibly going forward is, of course, up to them.”  

Hoekstra told MTN that her team plans to utilize the extra time, stating that “[O]ngoing mediation discussions will allow the parties to continue to negotiate in good faith while waiting on appellate review…Plaintiffs’ Leadership intends to follow the Court’s guidance in good faith.”

Hoekstra explained that because of the stall, “A specific timeline for settlement is not currently known.” However she goes on to note the importance of the stay, noting that “Judge Rodgers’ stay order does allow Wave cases to seek relief, including remand and trial setting depending on the timing of HPD use and claims against 3M Company…there could be dozens of Plaintiffs who seek such relief.”

Overall, Hoekstra expressed gratitude at the stay, telling MTN,  “In the long run, the stay will allow there to be certainty from a large backlog of appeals from the MDL bellwether cases; certainty which will expedite further individual case workup and trial settings.”