All of us at Wagstaff & Cartmell are proud to announce that Tom Cartmell has officially been appointed to the Plaintiff’s Government Entity Liaison Counsel of the JUUL Labs Inc. Multidistrict litigation (JUUL Labs, Inc., MDL No. 2913).
For many reasons, 2019 was an extremely rough year for vaping products and e-cigarette manufacturers. Today in 2020 there is a massive multidistrict litigation against JUUL Labs Inc., and all of the cases nationwide will be consolidated together in Northern California as a part of a pre-trial discovery phase prior to going to trial.
There have been a growing number of personal injury and class-action lawsuits being filed throughout the country against JUUL. In order to organize themselves for the inevitable avalanche of litigation they’re about to face in the next few years, JUUL filed a motion with the Judicial Panel on Multidistrict Litigation (JPML) that requested all federal cases be centralized within an MDL.
Each of the cases within the MDL have common allegations, mainly being that JUUL intentionally marketed their vaping products to minors and ultimately misrepresented the facts pertaining to their product’s overall addictiveness as compared to traditional cigarettes. There are also many traditional product liability claims asserting that JUUL’s e-cigarettes have proven to be defective and ultimately dangerous for consumer use.
What Tom Cartmell’s Counsel Appointment Means
What Tom’s recent appointment means is that Wagstaff & Cartmell are now officially on the front lines of this ongoing MDL for many years to come. We will continue to support the victims of JUUL’s product liability and false advertising/labeling negligence by compiling individual plaintiffs within the MDL as a part of the global discovery process.
Tom will be working closely with other members of the Plaintiff’s Government Entity Liaison Counsel and subsequently will obtain a thorough understanding of every case presented within the MDL. This appointment puts Tom and the whole team at Wagstaff & Cartmell in a legitimate position to remain on the cutting edge of this soon-to-be massive litigation process that will undoubtedly shake the vaping industry to its core.
Wagstaff & Cartmell’s Ongoing JUUL Lawsuits
We have been investing heavily within vaping mass tort litigation cases within recent years, and our team is currently assisting three school districts across the nation in filing lawsuits against JUUL Labs.
Each of these school districts have stated that JUUL’s actions within their marketing and overall presence as a vaping and e-cigarette manufacturer has created a public nuisance, which subsequently has forced them to allocate valuable resources to install vape-specific sensors in bathrooms, banning USB flash drives, as well as other preventative measures towards combating the ongoing vaping addiction epidemic.
Although JUUL isn’t alone in creating this type of addiction epidemic, they do currently hold about 75% of the entire vaping market. Our attorneys are currently presenting information to school district administrations and groups of administrations nationwide as a part of our focus to help them join this legal battle in suing JUUL for the associated costs that the vaping epidemic has inflicted on their school district.
We understand how important it is for our public school districts to be compensated for the massive amounts of expenses the vaping epidemic has put on them, and we can always provide a video white paper with more information on this litigation to any interested school district administrations.
JUUL Granted MDL Motion by JPML
On October 2, 2019, JUUL’s request to create an MDL was granted by the JPML, which stated that centralizing the cases is in the best interest of all parties.
Many of the plaintiffs involved in the MDL urged the JPML to create two distinct MDLs, one for class actions and the other for individual plaintiff cases, but the JPML rejected this proposal stating that a single MDL made more sense because of the overlap between the factual allegations within all of the cases.
The JPML also stated that this singular MDL will comprise of both class actions and individual plaintiff cases, so it is as comprehensive as possible in terms of gathering evidence against JUUL and their products.
What Does the MDL Mean for Ongoing and Future JUUL Lawsuits?
Mass tort product cases within an MDL are typically a very good thing for any prospective plaintiffs, and this sentiment is projected to hold true within the JUUL MDL. What the MDL will mean for future JUUL product liability lawsuits is that those suits that go to federal court will be transferred to California’s Northern District to be included within the JUUL MDL.
When an individual plaintiff’s case is officially transferred into the MDL, they’ll have to work with their legal representation to fill out written information forms that shed light into the key details of their allegations. This information will help distinguish each plaintiff into a tier or subgroup, and these tiers are typically differentiated depending upon the strength of the individual’s case and the nature of the plaintiff’s injuries. So the plaintiffs with the strongest cases will be placed in the top tier while those with less serious injuries will be placed in the lower tiers.
Hundreds if not thousands of new lawsuits are projected to be transferred into the JUUL MDL within the next couple of years, and in the meantime there will be a global discovery process. After this discovery period, there will most likely be about 2 to 3 “bellwether” jury trials that will help initiate overall settlement discussions.
Most product liability MDLs end up with a massive global settlement agreement, and in this instance this would entail JUUL Labs Inc. setting aside a massive settlement amount to resolve the pending cases. This settlement fund would then be distributed to the plaintiffs based upon what tier their case falls within.
Contact Us Today For A Free Consultation
It’s understandable how it can be confusing to know whether or not your vaping-related injury or health condition can qualify as a part of the JUUL MDL, which is where we come in to support you by answering all of your questions.
If you or a loved one has suffered any kind of injury or health defect as a result of using JUUL’s vaping products, contact us for a free consultation so we can review the facts of your case and help you to decipher your best legal options.