Albahae v. Olaplex Holdings, Inc., 2023 U.S. Dist. LEXIS 105361 (C.D. Cal. June 15, 2023), is not a drug/device case, but is a very good case severing under Fed. R. Civ. P. 21 an attempt to join 101 plaintiffs on claims involving their use of the defendant’s hair care products. To be specific, there
More plaintiffs, more money. And we don’t mean a mere linear increase. If, as Hegel said, quantitative differences ultimately become qualitative differences, in litigation that happens when going from one plaintiff to two, and certainly to several or many. When a jury sees multiple people bringing claims against a defendant, they think something’s up, where
From the defense perspective, the worst thing about a mass tort is that it is so … massive. The more the merrier? No way. The presence of multiple plaintiffs signals to the jury that something must be wrong with the product. Don’t believe us? We think there is research to support our dislike of consolidation