Yamaha Rhino ATV Attorneys Assigned to Leadership Roles in MDL

U.S. District Judge Jennifer Coffman met with the attorneys this week in the recently consolidated Yamaha Rhino ATV litigation, which has been centralized in the Western District of Kentucky. As part of the organization of the multidistrict litigation (MDL), lawyers were appointed to leadership roles to perform certain functions during pretrial proceedings that will benefit plaintiffs in all of the cases.

The MDL was established by the Judicial Panel on Multidistrict Litigation last month, as a growing number of Yamaha Rhino rollover lawsuits have been filed in various districts throughout the United States. All of the cases involve similar allegations that the side-by-side ATV contains design defects which make it prone to tip over, causing serious injuries for the occupants.

While the cases are consolidated for purposes of pretrial litigation and discovery, the lawsuits remain individual claims and they will be sent back to the courts where filed for trial if they do not otherwise resolve.

At the preliminary status conference held with Judge Coffman on March 24, 2009, 16 attorneys appeared on behalf of plaintiffs who have filed Rhino lawsuits and 10 attorneys appeared on behalf of Yamaha and the other defendants that have been named in the cases.

In an order signed by Judge Coffman, 14 different Yamaha Rhino attorneys were appointed to the various leadership positions on the Plaintiffs’ Steering Committee and Plaintiffs’ Executive Committee, with Jennifer Moore appointed as Plaintiffs’ Liaison Counsel and Elizabeth Cabraser as Plaintiffs’ Lead Counsel.

While the exact duties of the various positions differ from one MDL to another, the attorneys appointed to leadership roles generally represent the interests of all plaintiffs at pretrial proceedings, respond to court inquiries, handle motions applicable to all cases, examine witnesses during depositions and negotiate any potential settlements that may apply across all cases.

Judge Coffman has ordered that a proposal be filed with the Court by March 30, 2009, outlining the structure and responsibilities of the different leadership positions.

The defendants’ and plaintiffs’ lead counsel also need to file proposed confidentiality and case management orders by April 14, 2009.