Yamaha Rhino Class Action Lawsuits: MDL Formed
All federal Yamaha Rhino lawsuits filed in various courts throughout the country will be consolidated and transferred to one judge, under a procedure known as an MDL or multidistrict litigation. The cases will be coordinated and centralized for pretrial litigation, where they will be handled in a manner similar to how discovery would be handled in a Yamaha Rhino class action lawsuit.
>>INFORMATION: Yamaha Rhino ATV Rollover Accidents
The Judicial Panel on Multidistrict Litigation issued a Transfer Order this week which will send all federal lawsuits filed over Yamaha Rhino ATV accidents to the United States District Court for the Western District of Kentucky, where they will be assigned to Chief Judge Jennifer B. Coffman.
The formation of an MDL will greatly assist the plaintiffs in the Rhino litigation, as Yamaha has not been very forthcoming with discovery in a number of the individual cases throughout the country and will allow Judge Coffman to make consistent rulings on discovery disputes that have arisen.
As you would expect, Yamaha opposed the centralization, arguing that the discovery in each of the lawsuits was dominated by unique individualized factual questions about how the accidents occurred, whether the plaintiff or a third-party is at fault for the ATV crash and what modifications or maintenance was done to the vehicle.
The MDL Panel found that the benefits of centralization justify consolidating the cases. They pointed to prior MDLs which were successfully handled without delaying or compromising the individual merits of the cases, such as the Bridgestone Tire lawsuits.
Although the cases are only consolidated and coordinated for pretrial litigation, which most people equate an MDL with being a class action for the Yamaha lawsuits. However, the cases will remain individual claims and will be judged independently. If they do not resolve during pretrial litigation and discovery, they will be returned back to the district where they were filed for trial.
In the Order issued February 13, 2009, Judge John G. Heyburn, II wrote:
The motion currently pending presents several difficult issues for the Panel. Certainly, these actions share many factual and technical questions arising from allegations of common defects in the Yamaha Rhino. Each action alleges that the Yamaha Rhino has a propensity to tip over and some allege that it fails to safely contain its occupants in such tip over incidents. Centralization under Section 1407 will eliminate duplicative Yamaha discovery; prevent inconsistent pretrial rulings; and conserve the resources of the parties, their counsel and the judiciary. This would benefit all parties.
YAMAHA RHINO LAWSUIT LAWYERS
The Yamaha Rhino class action lawyers at Saiontz & Kirk, P.A. represent individuals throughout the United States who are pursuing a Yamaha Rhino accident lawsuit after sustaining crushing injuries when their ATV rolled over. In many cases, the Yamaha Rhino has been found to rollover even when it is operated at slow speeds on a relatively flat surface.
Potential new cases are continuing to be reviewed and investigated, and our attorneys charge no fees or expenses unless a recovery is obtained. To review a potential claim, request a free consultation and claim evaluation.
