On Friday, Judge Rowland presented a detailed schedule for the bellwether trials in the hair relaxer MDL:

Key Dates & Events:

  • April 30, 2025: Both parties must identify and exchange the 20 initial bellwether discovery cases.
  • May 9, 2025: A joint status report must be filed, identifying the initial bellwether discovery cases.
  • June 9, 2025: Each defendant must submit their answer and affirmative defenses to the selected initial bellwether discovery cases.
  • September 30, 2025: Conclusion of oral fact discovery within the MDL.
  • October 31, 2025: Plaintiffs must provide their general causation expert reports.
  • December 1, 2025: Defendants must provide their general causation expert reports.
  • February 16, 2026: Close of case-specific fact discovery. Parties must file position papers regarding trial selection cases.
  • March 2, 2026: Completion of general causation expert discovery. The court will decide on the selection of the bellwether trial cases.
  • April 1, 2026: Deadline for filing Daubert motions concerning general causation.
  • May 1, 2026: Final deadline for additional case-specific fact discovery for bellwether trial cases.
  • June 30, 2026: Plaintiffs must disclose case-specific and all other expert reports.
  • August 3, 2026: Defendants must disclose case-specific and all other expert reports.
  • October 16, 2026: Close of all case-specific and other expert discovery.
  • November 16, 2026: Deadline for filing summary judgment motions and non-general causation Daubert motions.
  • January 6, 2027: Replies in support of summary judgment motions must be submitted.

Thus, the MDL trial is expected to take place no sooner than 2027. While this delay may be frustrating for victims seeking justice, it’s likely that there will be trials in state courts before this timeline, which could prompt major settlements. A significant verdict in state court might push defendants like L’Oréal to settle more cases.

Additional Court Directives:

  • Bellwether Trials: Initially, the parties agreed to select 16 cases for bellwether discovery, with five set for trial. However, the judge believes this number is too low and has increased the total to 40 discovery cases, with up to 12 potentially going to trial.

  • Eligibility Criteria: The judge’s order defines “Eligible Cases” as those where plaintiffs have filed and served Short Form Complaints by February 1, 2024. Furthermore, the bellwether pool will be limited to cases involving uterine, endometrial, or ovarian cancer, reducing the pool to about 5,230 cases.

  • Selection Process: Each party must select 20 cases for bellwether discovery, with a firm deadline set for April 30, 2025. No extensions will be permitted.

  • General Causation Discovery: The court has approved a parallel approach, allowing general causation expert discovery to proceed alongside case-specific discovery.

  • Substitution of Settled Cases: If any bellwether discovery case settles before trial selection, the plaintiffs can unilaterally replace the case with another. This is a common practice in MDL proceedings.

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