We anticipate representing about 100 Plaintiffs.  This is much less than many law firms that are handling these types of cases.  As the cases proceed through the litigation process, it will become apparent how many cases we believe it is responsible to handle.  We refuse to put ourselves in a position where we would not have the time or resources to take cases to trial in the event that the Defendants refuse to make a substantial settlement offer.

Foster & Foster prepares every case as if it is going to trial in order to maximize the recovery for each client and this limits the amount of cases they can handle.

Yes.  There are various “statutes of limitation” that will determine how long a service member has to bring a case.  Depending upon the particular state law that applies, there can anything from a 1 year to a 5 year or longer statute of limitation. It is not always obvious which state’s laws should apply in this regard.  There are also various ways to extend a statute of limitation, but they might not apply in particular cases.  These issues are highly fact specific. 

These cases have been consolidated as part of one action in the Northern District of California for coordinated pretrial hearings.  The preliminary matters will be heard by the Honorable William H. Orrick and trials (if necessary) will be held in the state of original filing (or a state determined to be the proper forum at a later date).

Multi-district litigation is similar to a class action, but with very important differences.  In a class action, a few plaintiffs represent every class member.  In multi-district litigation, each plaintiff is responsible for bringing forward their own case.  Common issues that involve all plaintiffs may be handled together for efficiency but each case is an individual case and each case has individual issues that must be addressed individually

Even though we have experience handling cases in multi-district litigation and have done so successfully throughout the United States, currently, the only MDL we are working on is the JUUL Litigation.  We believe it is important to fully prepare every case and we could not do that sufficiently if we were handling tens of thousands of clients in every MDL currently underway.