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Last week, all of the hair relaxer defendants jointly submitted a brief to the MDL Judge detailing various discovery disputes and issues that have arisen. The joint submission details various complaints that the defense has with the discovery requests propounded by the plaintiffs. In short, the defendants are complaining that the plaintiffs are asking for everything under the sun. The issues will be addressed at the MDL status conference set for today.
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The MDL judge issued an order to address confusion about how to direct file new cases related to this hair relaxer class action lawsuit. Twenty-two new plaintiffs were added to the hair relaxer class action MDL over the last month, bringing up the number of pending cases in the MDL to 124. The rate of new hair relaxer cancer cases will probably steadily rise throughout the year. The statute of limitations on tort claims like hair relaxer lawsuits might be anywhere from 2-6 years, depending on what state you live in. (Check the Statute of Limitations in all 50 States) Each state has a different time frame. If you are considering a hair relaxer lawsuit, the really important question is not how long the limitation period is, but when the statute of limitations period in your begins to run.
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Because plaintiffs’ causation arguments are strong in this litigation. So we would spend a year without advancing the cases to prove the Sister Study is correct and that hair relaxers cause cancer. Yesterday, Judge Rowland entered an Order adopting an official Short Form Complaint (SFC) for all future hair relaxer plaintiffs. Going forward, new hair relaxer cancer lawsuits can be filed directly in the class action MDL. And plaintiffs can utilize the new SFC instead of preparing a custom complaint. This will help streamline the process and should facilitate an increase in new case filings.
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The court most sided with the defendants, but the issues are of little consequence. Unless large blocks of plaintiffs choose to strategically sit on the sidelines, we fully expect the number of cases in the MDL to increase even more dramatically moving forward. L’Oréal also argued that producing discovery outside of Hague Convention procedures could violate the French blocking statute. However, L’Oréal has not provided specific details on how the court’s discovery order would undermine French interests. The MDL judge did grant L’Oréal USA an extension to coordinate with L’Oréal S.A.
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You are seeing so many hair relaxer lawsuit television commercials because the negligence seems so obvious and the injuries to these women are very serious. 36 new pending cases were transferred into the hair relaxer class action MDL over the last month. That is down somewhat from the 87 new cases added during the previous month, but mid-summer is always a slow time for mass torts and new filings in MDLs have been down across the board this month. Leadership in the hair relaxer lawsuits wants a sum equivalent to 11% of the gross settlement or verdict in every hair relaxer case. From this holdback, 8% would be allocated to compensate for common benefit work, while the remaining 3% would be designated for the reimbursement of common benefit expenses. Only 17 new cases were added to the hair relaxer class action MDL over the last month.
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In her initial Case Management Order, Judge Rowland indicated that there will be a single steering committee. She will also name lead counsel (responsible for handling the bellwether trials) and liaison counsel. Fifty-seven new hair relaxer cancer lawsuits were transferred into the new class action MDL over the last 30 days.
This is mostly because ovarian cancer has very few symptoms in its earlier phases and is usually not diagnosed until the cancer has already spread. The defendants have asked the court to bifurcate and stay all discovery unrelated to general causation. Judge Finnegan did not agree with the plaintiffs’ suggestion to hire two Special Masters for different ESI aspects, nor with the defendants’ view that no Special Master was needed. The judge asked both sides to talk it over and try to agree on someone who knows a lot about ESI and has experience as a Special Master. If you’re rocking a silver or gray look these days, this no-lye formula will relax and condition while also neutralizing any brassiness thanks to its yellow-out formula.
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Phthalates are widely used in various cosmetic products, including chemical hair relaxers. EDCs are types of chemicals that impact and disrupt the endocrine system and interfere with hormone receptors. The motion notes that there are nine hair relaxer cases involving 13 individual plaintiffs pending in four different federal district courts. All of the cases allege that hair relaxer products caused uterine cancer. The motion requests that the MDL be assigned to Judge Mary Rowland in the Northern District of Illinois (Chicago). The Judicial Panel on Multidistrict Litigation (JPML) has scheduled a hearing for January 26, 2023, on the motion to consolidate all hair relaxer lawsuits in federal courts into a new class action MDL.
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The response correctly rebuts the defense argument that consolidation is inappropriate because the hair relaxer lawsuits involve too many defendants. The response points out that the JPML regularly consolidates similar cases involving numerous defendants and products. The response also makes another pitch for why the MDL should be assigned to the Northern District of Illinois. The hair straightener class action lawsuit was approved by the JPML Panel today. The study found that women who used hair relaxers were more than twice as likely to be diagnosed with uterine cancer compared to non-users.
If you would prefer a looser curl rather than a super straight style, texturizers like this one work really well. But remember, texturizers use the same chemicals as relaxers and require the same aftercare (a good hydrating mask or treatment, ideally). Those with dry, damaged hair will benefit from the strengthening ingredients in TCB No Base Creme Hair Relaxer with Protein and DNA. That said, if you have a sensitive scalp, make sure to just leave it on as long as directed to avoid irritation.
Formaldehyde has long been a common ingredient used in many hair relaxer products. It is a chemical that is known to be toxic and has been linked to certain types of cancer, including leukemia. However, formaldehyde is not one of the chemicals in hair relaxer that has been linked to ovarian or uterine cancer.
Unfortunately, however, there are some states in which it might be too late to file your hair relaxer lawsuit. For example, if your state does not follow the discovery rule then it means that the SOL period begins to run from the date of the injury (i.e., when you were diagnosed with uterine cancer). Certain states have something called a “statute of repose” which puts a maximum time limit (usually 7 years or more) on bringing a lawsuit regardless of whether the discovery rule applies or not.
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Are their juicy documents L’Oréal is holding back on what it knew about hair relaxers and cancer? But also could be it is just being reflexively oppositional which many corporate defendants are in mass tort lawsuits like this. Sure, this formula is designed for children, but adults looking for mild results or with sensitive skin can also benefit from it. It’s a no-lye formula but instead is formulated with calcium hydroxide, which is a more gentle relaxing chemical. It delivers the sleek strands you’re looking for but it’s also hydrating with ingredients like coconut milk, shea butter, vitamin E, and sunflower oil. Victims should know where lawyers’ heads are in terms of what a hair relaxer case is worth because knowing what the upside might be could inform their decision to move forward with bringing a lawsuit.
There is now a Master Complaint in the MDL that all parties suing these defendants can incorporate by reference in their lawsuits. Judge Rowland recently issued Case Management Order No. 9 – Service of and Responses to Short Form Complaints (CMO 9). CMO 9 sets for the detailed procedural rules for the filing of Short Form Complaints by new plaintiffs and the process for responding to the SFCs.
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That claim must now be factored into the Revlon bankruptcy plan to ensure that potential plaintiffs against Revlon are compensated. Bifurcation would be splitting off just the issue of general causation for pretrial. General causation assesses whether a substance or event has the potential to cause a particular harm on a broader scale. In contrast, specific causation focuses on establishing the connection between the substance or event and the harm suffered by an individual or group. So the defendants want to just start with only focusing on whether hair relaxers cause cancer.
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