Largely as expected, the very capable Judge Brian Cogan in Brooklyn’s US federal District Court has now selected the replacement “bellwether” case — for the first tranche of four such “test” cases. [A little recent local color of mine, on the state versions, resides under that link.]
In so doing, he kept the federal MDL on its existing overall time-line track, at right (click image to enlarge, and compare) — and thus preserved the probability that my much earlier guess (circa February of 2016) would turn out to be accurate: that the federal trials would be underway ahead of the NJ state MCL trials, on the same issues. I continue to believe that.
So in the mid-to-late Fall of 2017, we will see the first federal bellwether trial begin. I would guess mid Q1 2018 for the first, in New Jersey state court. Here’s a bit from the order (a shortish PDF file), of two days ago, then:
. . . .By December 30, 2016, the parties are ordered to submit a joint letter listing the discovery that is outstanding for [case name redacted] and advising the Court of the amount of time necessary to complete that remaining discovery. Further, the parties will advise the Court if they believe any modifications to the schedule outlined in PPO 10 are necessary given the selection of [case name redacted] and the time they believe is needed to get [case name redacted] on the same track as the other three bellwethers. If the parties believe any modifications are necessary, the parties should propose a revised schedule to the Court by December 30, 2016.
Finally, if the parties have any reason to believe that any of the other three bellwethers may be subject to dismissal in the near future, the parties should advise the Court immediately so that any other replacement(s) can proceed on the same track as Finn.
SO ORDERED. . . .
Now you know. So, with the coming holidays, and soon to be newly-blowing light sugary snows, blog posts may be scarce through Tuesday of next week, here. Do enjoy a cracklin’ fire, and some peaceful, festive (and Kudos-bearing) family time, one and all. . . . I know I will. Smile. . . . pax tecum.