Yamaha Rhino Attorneys to Argue for Consolidation of Lawsuits This Week
Tomorrow, the United States Judicial Panel on Multidistrict Litigation will hear oral arguments from Yamaha Rhino attorneys on whether to consolidate and centralize all federal lawsuits filed on behalf of individuals who suffered serious injuries in a Rhino ATV rollover accident. If granted, an MDL, or Multidistrict Litigation, will be formed to coordinate all federal cases during pre-trial litigation.
>>INFORMATION: Yamaha Rhino Lawsuits
The MDL panel has authority to transfer cases from different federal district courts to one judge for handling up until trial where there are common underlying facts in the cases, consolidation would promote judicial economy and centralization would serve the convenience of the parties and the witnesses.
Yamaha Rhino accident lawsuits have been filed throughout the United States alleging that design defects make the ATVs prone to rollover, even when operated at slow speeds on flat surfaces. The lawsuits also allege that Yamaha failed to make certain design changes which could have made the vehicles substantially safer, and provided inadequate warnings to riders about the risk of serious and debilitating injuries from riding the four-wheel ATV
The Motion to Transfer and Coordinate was filed by Yamaha Rhino attorneys representing individuals who were injured while riding the ATVs.
Under an MDL, all cases would be assigned to one judge, who would coordinate pretrial discovery and litigation in a manner similar to how a Yamaha Rhino class action lawsuit would be managed. However, the cases would remain individual lawsuits, and if they do not settle or otherwise resolve during pretrial litigation they would be returned to the original court where they were filed for trial.
Rhino ATV lawsuits have been filed against Yamaha throughout the United States, including at least 57 cases that are pending in the federal court system in 34 different district courts. If the Yamaha Rhino MDL is formed, these cases would all be consolidated and any future cases filed anywhere in the federal court system would be transferred to the MDL court.
The consolidation would not result in the transfer of any cases filed in various state courts throughout the United States. Although there is no exact accounting of how many Yamaha Rhino ATV lawsuits have been filed in state courts, at least 79 complaints have been filed in California alone, with 53 of those in Orange County Superior Court. A number of cases have also been filed in Georgia state court, where Yamaha Motor Manufacturing Corporation of America is based.
YAMAHA RHINO ATTORNEYS
The Yamaha Rino ATV attorneys at Saiontz & Kirk, P.A. are investigating potential lawsuits on behalf of people throughout the United States who have suffered fractures and other serious injuries in rollover accidents that may have been caused by the dangerous design of the ATV.
If approved, this motion to consolidate will bring all of the federal court claims before a single judge for all of the pre-trial proceedings. This would eliminate the need for duplicative discovery in the cases and avoid inconsistent rulings from different judges in the different districts where the cases are currently pending.
If you, a friend or family member have suffered an injury caused by the Yamaha Rhino rollover problems, request a free consultation and claim evaluation.
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