JPML creates two new MDLs; breakdown of latest hearing

By Christina Grube

Last week, the Judicial Panel on Multidistrict Litigation (JPML) released their final rulings relating to cases heard during their March 30th hearing in Tucson, Arizona. The panel created two MDLs and added actions to multiple pre-existing dockets including AFFF MDL 2873, Zantac MDL 2924, and TikTok consumer privacy MDL 2948.

Matters for Oral Argument:

MDL No. 3071 − IN RE: REALPAGE, INC., RENTAL SOFTWARE ANTITRUST  LITIGATION (NO. II)

• The panel approved the Defendant request to consolidate litigation, transferring 21 actions to the Middle District of Tennessee under the Honorable Waverly D. Crenshaw, Jr..
• Case summary: MDL 3071 serves as the second attempt to bring antitrust litigation against RealPage, a property management software which plaintiffs allege “enabled rental property owners to collude to inflate rental prices.” Plaintiff’s filed the first MDL (MDL No. 3066 – IN RE: RealPage, Inc., Rental Software Antitrust Litigation) in December of 2022, which the JPML deemed as moot eleven days later. Defendants filed the now second attempt at litigation consolidation and maintain that plaintiff allegations against RealPage are false.

MDL No. 3072 − IN RE: AIR CRASH INTO THE JAVA SEA ON JANUARY 9, 2021

• The panel approved the Defendant request to transfer 21 actions to the Eastern District of Virginia under the Honorable Claude M. Hilton.
• Case summary: Plaintiffs file suit against Boeing Company for the crash of Sriwijaya Air Flight 182 into the Java Sea on January 9, 2021, resulting in deaths of 62 passengers and crew. Defendants now request consolidation of the current 21 actions filed by 68 plaintiffs for the deaths of 42 passengers.

MDL No. 3067 − IN RE: TIKTOK IN-APP BROWSER CONSUMER PRIVACY LITIGATION

• The panel denied the Plaintiff request to consolidate litigation.
• Case summary: Plaintiffs file suit against TikTok parent company, ByteDance, alleging that the app violates the 1986 Electronic Communications Privacy Act by illegally monitoring user keystrokes and real-time click patterns without user knowledge. The MDL remains one out of “nearly one dozen proposed class actions” since November 2022, according to Bloomberg law.

MDL No. 3068 − IN RE: UNILEVER AEROSOL PRODUCTS MARKETING, SALES  PRACTICES, AND PRODUCTS LIABILITY LITIGATION

• The panel denied the Plaintiff request to consolidate litigation.
• Case summary: Plaintiffs file suit against Unilever for producing, marketing and distributing aerosol deodorants and dry shampoos which contain benzene contamination, exposure to which may cause users to develop multiple types of cancer. Unilever recalled Dove, Nexxus, Suave, TIGI and TRESemmé aerosol products last fall, however plaintiff complaints allege that Unilever knew the danger of their products long before the October 2022 recall.

MDL No. 3070 − IN RE: NATIONAL GRID TAX GROSS−UP ADDER LITIGATION

• The panel denied the Plaintiff request to consolidate litigation.
• Case summary: Independent renewable energy producers file suit against energy giant, National Grid North America for falsely charging plaintiffs income tax on interconnection payments, referred to as “tax gross up adder”/“tax gross up.” Plaintiffs note that IRS Notices “make plain that no tax is owed on Plaintiffs’ interconnection payments” and Defendants falsely demanded the extra tax because plaintiffs serve as competing energy producers.

Matters Without Oral Argument

MDL No. 2406 − IN RE: BLUE CROSS BLUE SHIELD ANTITRUST LITIGATION

• The panel denied plaintiff opposition to consolidation and transferred one action to the Alabama based MDL.

MDL No. 2441 − IN RE: STRYKER REJUVENATE AND ABG II HIP IMPLANT  PRODUCTS LIABILITY LITIGATION 

• Panel overruled plaintiff opposition to consolidation and transferred two actions to the Minnesota-based MDL.

MDL No. 2873 − IN RE: AQUEOUS FILM−FORMING FOAMS PRODUCTS LIABILITY  LITIGATION

• Opposition of 10 plaintiffs to transfer their actions into the South Carolina based MDL
• Panel overruled plaintiff opposition to conditional transfer and consolidated nine actions to the South Carolina based MDL. The panel, however, did approve one plaintiff request to vacate conditional transfer, removing one action from the MDL 2873 docket.

MDL No. 2924 − IN RE: ZANTAC (RANITIDINE) PRODUCTS LIABILITY  LITIGATION

• The panel overruled plaintiff opposition to consolidation and transferred two actions to the Florida-based MDL. The panel further denied remand of one plaintiff case to a previous court in Texas, keeping one plaintiff action in MDL.

MDL No. 2948 − IN RE: TIKTOK, INC., CONSUMER PRIVACY LITIGATION

• The panel overruled plaintiff opposition to consolidation and transferred five actions to the Illinois-based MDL.

MDL No. 3004 − IN RE: PARAQUAT PRODUCTS LIABILITY LITIGATION

• The panel overruled plaintiff opposition to consolidation and transferred one action to the Illinois-based MDL.

MDL No. 3014 − IN RE: PHILIPS RECALLED CPAP, BI−LEVEL PAP, AND  MECHANICAL VENTILATOR PRODUCTS LIABILITY LITIGATION

• The panel overruled plaintiff opposition to consolidation and transferred one action to the Pennsylvania based MDL.

MDL No. 3043 − IN RE: ACETAMINOPHEN − ASD/ADHD PRODUCTS LIABILITY LITIGATION

• The panel denied a plaintiff request to transfer one action to the New York based MDL.

MDL No. 3052 − IN RE: KIA HYUNDAI VEHICLE THEFT MARKETING, SALES  PRACTICES, AND PRODUCTS LIABILITY LITIGATION

• Panel approved defendant vacation request, removing one plaintiff action from the California-based MDL.