IN RE TEMPOROMANDIBULAR JOINT (TMJ) IMPLANTS LIT., 1001.
Decision Date | 25 February 1994 |
Docket Number | No. 1001.,1001. |
Citation | 844 F. Supp. 1553 |
Parties | In re TEMPOROMANDIBULAR JOINT (TMJ) IMPLANTS PRODUCTS LIABILITY LITIGATION. |
Court | Judicial Panel on Multidistrict Litigation |
Before JOHN F. NANGLE, Chairman, MILTON POLLACK,* ROBERT R. MERHIGE, Jr.,* WILLIAM B. ENRIGHT,* CLARENCE A. BRIMMER, JOHN F. GRADY, and BAREFOOT SANDERS, Judges of the Panel.
TRANSFER ORDER
JOHN F. NANGLE, Chairman.
This litigation presently consist of the 173 actions listed on the following Schedule A and pending in eleven federal districts as follows:
District of Minnesota 144 actions District of Kansas 11 actions Western District of Virginia 4 actions Southern District of Ohio 3 actions District of South Carolina 3 actions Eastern District of Wisconsin 3 actions Southern District of Florida 1 action Northern District of Georgia 1 action District of New Jersey 1 action Eastern District of Pennsylvania 1 action Western District of Pennsylvania 1 action
Before the Panel are three separate motions by various groups of plaintiffs for an order of the Panel, pursuant to 28 U.S.C. § 1407, centralizing all actions1 in a single district for coordinated or consolidated pretrial proceedings.2 Moving plaintiffs suggest one of the following districts as the transferee court: the Eastern District of Pennsylvania, the District of New Jersey or the District of Kansas. All non-moving plaintiffs in the actions before the Panel have filed responses in support of centralization in one of these three districts. Defendants E.I. du Pont de Nemours and Company (DuPont), Dow Corning Corporation, Dow Corning Wright Corporation, The Dow Chemical Company and Corning Incorporated oppose centralization. If the Panel nevertheless orders centralization, some of these defendants suggest the following districts as alternative transferee forums: the Northern District of California, the District of Arizona, the District of Minnesota, the District of Connecticut or the Eastern District of Michigan.3
On the basis of the papers filed and the hearing held, the Panel finds that the actions in this litigation involve common questions of fact and that centralization under Section 1407 in the District of Minnesota will serve the convenience of the parties and witnesses and promote the just and efficient conduct of the litigation. All actions before the Panel are personal injury actions brought by individuals who have been implanted with temporomandibular joint (TMJ) implants. Common factual questions arise in these actions with respect to, inter alia, i) whether the TMJ implants are defective and unreasonably dangerous, ii) whether defendants failed to adequately test the implants and constituent materials or warn of possible risks to TMJ implant recipients, and iii) whether the implants' various constituent materials are prone to break down in recipients' bodies. Centralization under Section 1407 is necessary in order to eliminate duplicative discovery, prevent inconsistent pretrial rulings (especially with respect to class certifications and summary judgments), and conserve the resources of the parties, their counsel and the judiciary.
None of the eight federal districts suggested as transferee forums by various parties could be characterized as the center of gravity for this litigation. On balance, however, we are persuaded that the District of Minnesota is the appropriate transferee forum. We note that 1) well over 100 TMJ implant actions have been commenced in that district during the past five years; 2) Judge Paul A. Magnuson, to whom we are assigning this litigation, has presided in a number of these actions, has entered important pretrial rulings, and is therefore familiar with the issues in this docket; and 3) Minnesota is a geographically central and accessible location for this nationwide litigation.
IT IS THEREFORE ORDERED that, pursuant to 28 U.S.C. § 1407, the actions listed on the following Schedule A and pending in districts other than the District of Minnesota be, and the same hereby are, transferred to the District of Minnesota and, with the consent of that court, assigned to the Honorable Paul A. Magnuson for coordinated or consolidated pretrial proceedings with the actions pending in that district and listed on Schedule A.
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IN RE TEMPOROMANDIBULAR JOINT (TMJ) IMPLANTS PRODUCTS LIABILITY LITIGATION, 1001.
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