Blood Factor Lawsuit Update

Blood Factor Lawsuit Update - March 2005

Discovery in the case regarding defendants' conduct, including most notably their shipping practices, continues, and includes document and deposition discovery (testimony from live witnesses).

On February 23, 2005, the Court issued an order in which it declined to certify a plaintiff class. This means that each individual must be named separately in a complaint to proceed on a claim, and must assume all discovery obligations (including obtaining and producing relevant documents, etc.) which attach to the pursuit of a claim in court in the normal course, absent class certification. That is, the case will not be tried on a representative basis, and instead will be resolved as to each plaintiff/person separately.

Since late February 2005, the parties and Court have set a schedule for briefing on defendants' anticipated motions to dismiss foreign claims (which foreign plaintiffs face in nearly every case pursued in a U.S. court), and have discussed various case management alternatives to certification, including phased trials, and expedited trial of typical claims, and the like. That discussion is ongoing.

For now, no trial dates have been set; we expect that to change in the coming months, as the scheduling discussions become more refined, and as the Court resolves remaining dismissal motions as to foreign plaintiffs. We are now filing individual cases for those persons who have provided sufficient information to do so; if you have signed a representation agreement with us, and have not within 30 days received confirmation of your complaint being filed, you should contact us to find out why.

Please feel free to contact us, or our local co-counsel in your country, by phone should you have any questions or concerns. Also, we will post any further developments of significance on the web site, which you can check at your convenience.