The NEC class action lawsuits in both state and federal courts are progressing, but at a slow pace. However, progress is being made. Plaintiffs believe the stronger cases are solid, but there may not be as many strong cases as attorneys initially expected.
As of December 2023, 290 cases have been filed in the multidistrict litigation (MDL) in the Northern District of Illinois, with Judge Rebecca Pallmeyer overseeing the consolidation and coordination of these cases. Many more lawsuits have been filed in state court.
The first bellwether trials for the NEC MDL are scheduled for 2024. The outcomes of these trials could have a significant impact on the future of the lawsuits. However, it’s more likely that settlement offers related to NEC baby formula cases will be made, bringing an end to the litigation for many families.