UPDATE: May 14, 2010: Judge Selna Ordered the appointment of counsel this afternoon in the Toyota MDL.  See Order here.  The Judge Ordered Plaintiffs' counsel to be structured as: 

 

  • A liaison committee for personal injury/wrongful death cases, consisting of two co-lead counsel and a total of nine members, including the co-leads.
 
  • A lead counsel committee for the economic loss cases, consisting of two co-leads who represent consumer plaintiffs and one co-lead who represents non-consumer plaintiffs, and six additional members consisting of five counsel who represent consumer plaintiffs and one counsel who represents non-consumer plaintiffs.

 

MAY 14, 2010:  Hoards of Plaintiffs lawyers were in Santa Ana yesterday stumping for a shot at the Toyota MDL feeder pellet.  The Honorable Judge James V. Selna will decide which of the 70+ Plaintiffs' firms will be appointed to the coveted Toyota MDL Leadership Positions and Lucrative MDL Committees by Monday May 17.  Judge Selna reportedly will decide by next monday.  Why the push to be on an MDL committee?  MDL committees are a big, big business - generating tens of millions of dollars in fees for the committee attorneys. They are essentially unlimited billing opportunities for those fortunate enough to be chosen to be on a committee.  Further, getting a position on an MDL committee is politically critical if you ever want to move up the MDL food chain in the future.  Those lawyers seeking the top MDL spots such as Plaintiffs Leadership positions will often build a team of lawyers in one MDL, and then the team will infiltrate the new MDL by applying for different committees and supporting one anothers' applications for the lead spots.  Then, in subsequent MDLs, the favor will be returned and the cycle continued.  In many ways, the MDL is stripped of the restrictions and regulations of the class-action, and therefore, much more attractive to plaintiffs attorneys who seek unfettered billing and control of the litigation process. 

Finally, in further proof that the BP oil rig  is not the only thing spewing waste, many lawyers pointed to the looming Gulf oil spill as a possible distraction to certain lawyer candidates for top Toyota MDL positions that are already jumping into the Gulf spill litigation.

 

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