Yamaha Rhino Lawyers to Meet with MDL Court Next Week

U.S. District Judge Jennifer Coffman has scheduled an initial conference for next week in the recently formed Yamaha Rhino Multidistrict Litigation (MDL), to meet with lawyers and discuss the organization and structure of the coordinated lawsuits.

Last month, the Judicial Panel on Multidistrict Litigation transferred all federal Yamaha Rhino ATV lawsuits filed in different districts throughout the United States to Judge Coffman’s court in the Western District of Kentucky for handling during pretrial litigation.

All of the cases involve allegations that the plaintiffs suffered severe and debilitating fractures or other injuries when a Yamaha Rhino side-by-side ATV rolled over due to design defects. Some of the plaintiffs also allege in their Rhino lawsuits that Yamaha did not take adequate steps to contain the riders within the vehicle in the event of a rollover.

Judge Coffman scheduled the first status conference with the plaintiffs’ and defendants’ attorneys for March 24, 2009. The Court has urged parties with similar interests to agree, wherever possible, for a single attorney to represent their interests at the conference to minimize the number of Yamaha Rhino lawyers who attend.

“The initial conference is to permit counsel to meet with the judicial officer assigned to this case and to raise for discussion any matters requiring immediate attention by the court,” wrote Judge Coffman in a scheduling order issued March 16, 2009. “In addition, counsel are invited to suggest in general terms any proposals for the organization and structure of the pretrial phases of this litigation, by which counsel and the court will attempt to efficiently manage its development.”

The Court has asked that the lawyers for the plaintiffs and defendants in each case submit a short brief by March 20, 2009, summarizing the factual allegations in the case, a summary of the legal issues, the status of discovery and pending motions at the time the case was transferred to the MDL and any other matters that need the Court’s immediate attention.

The Court has also been asked to be notified by Friday if the plaintiffs attorneys have already reached an agreement regarding the appointment of lead counsel, liaison counsel and members of the Plaintiffs Steering Committee, who will act on behalf of all plaintiffs during the pretrial litigation.

If the plaintiffs have not decided among themselves about which lawyers will serve in leadership roles, the Court has asked that nominations or applications for these positions be filed by March 20, 2009.