MDL Update: Innovative Approach to Tolling Agreement
Key Points:
- Tolling Agreement Discussions: Recent updates have focused on discussions surrounding a tolling agreement, enabling plaintiffs to preserve their claims without immediate lawsuit filings, considering uncertainties regarding the statute of limitations for Suboxone lawsuits.
- Statute of Limitations Concerns: Lawyers acknowledge a potential June 17, 2024 bar date for plaintiffs in states with a two-year statute of limitations. Without a tolling period, rush filings may occur, leading to premature lawsuits based on incomplete evidence.
- Procedural Innovation: In a new ruling, the judge adopts a procedural innovation observed in the Xarelto litigation to address this issue, aiming for a balanced approach.
- Filing Deadlines: By June 14, 2024, plaintiffs’ leadership must file a comprehensive complaint on the master MDL docket, detailing individual plaintiffs and relevant case specifics in Schedule A.
- Defendant Response: Defendants can file a motion to sever by July 1, 2024, requesting separation of individual claims from the master complaint. Severed claims continue as separate actions, ensuring their continuation and allowing for subsequent amendments related to the original filing.
- Amendment Process: Plaintiffs with severed claims must promptly file amendments to their lawsuits in the new individual actions. These amendments relate back to the original MDL filing date, preserving the plaintiffs’ rights and statute of limitations considerations.
- Streamlined Process: While adding additional steps, this approach aims to provide an organized and efficient mechanism for managing numerous claims without overwhelming the court system with simultaneous filings.
In summary, the innovative procedural approach seeks to address statute of limitations concerns while maintaining an orderly process for managing Suboxone lawsuits within the MDL framework.
