MDL Panel Skirts Bay Area in Transferring Lawsuits Against Uber, Intel
A federal judicial panel has ordered dozens of lawsuits against Intel, Apple and Uber into multidistrict litigation—but only one docket went to California's increasingly congested district in the Bay Area.
April 05, 2018 at 05:30 PM
4 minute read
Edward J. Davila. Photo: Diego M. Radzinschi/ALM
A federal judicial panel has ordered dozens of lawsuits against Intel, Apple and Uber into multidistrict litigation—but only one docket went to California's increasingly congested district in the Bay Area.
On Wednesday, the U.S. Judicial Panel on Multidistrict Litigation sent 61 cases over alleged defects in iPhone batteries to U.S. District Judge Edward Davila, who sits in San Jose, California, near defendant Apple Inc.'s headquarters in Cupertino. Plaintiffs attorneys and Apple, represented by Theodore Boutrous of Gibson, Dunn & Crutcher, had each supported the Northern District of California.
“This district has a strong connection to these cases,” wrote MDL Panel Chairwoman Sarah Vance, noting that the majority of the cases were in the Northern District of California, which lawyers on both sides supported. “Apple is headquartered within, and the critical events and decisions underlying plaintiffs' claims occurred in, the Northern District of California.”
But the panel resisted requests to send cases to that same district over Uber Technologies Inc.'s data breach, which compromised the personal information of 37 million people, and lawsuits alleging Intel Corp.'s processors had security flaws and that the fixes caused slower speeds. Instead, the panel sent the 17 Uber cases to U.S. District Judge Philip Gutierrez of the Central District of California, and 35 lawsuits against Intel to U.S. District Judge Michael Simon of the District of Oregon. San Francisco-based Uber and Intel, based in Santa Clara, California, had supported that slate of judges over those in California's Northern District.
The panel did not cite congestion as a factor in its decisions. But Uber attorney E. Desmond Hogan of Hogan Lovells in Washington, D.C., and James Vlahakis of Chicago's Sulaiman Law Group, a plaintiffs attorney who wanted the Uber cases sent to the Northern District of Illinois, mentioned the Northern District of California's backlog as a reason to avoid the Bay Area. The district has the second largest number of MDLs in the country, according to the panel's statistics as of March 15. Davila, in particular, has a one of the largest backlogs in the district.
There were factors at play other than congestion, however.
Rachel Rodman of Williams & Connolly had argued that Intel's security team was in Hillsboro, Oregon, not Silicon Valley—details that the panel acknowledged in its order on Thursday. “Intel has extensive operations there, including its employees who evaluated the security vulnerabilities and developed patches to mitigate them, as well as the team that led the development of the first Intel processor to use speculative execution. It is likely, therefore, that relevant evidence and witnesses will be located in this district.”
In its Uber order on Wednesday, the panel wrote that three cases were pending in the Central District of California and that two plaintiffs supported the district as their second choice. The panel found that California “has a significant connection to this litigation, as Uber Technologies Inc. has its headquarters in this state, where much of the common evidence, including witnesses, will be located.”
Uber had its own reasons to avoid California's Northern District, where it had faced a difficult road in unrelated litigation over the classification of its drivers and a trade secrets fight with Google subsidiary Waymo. And U.S. District Judge Lucy Koh, a San Jose judge, has come out with dismissal rulings in favor of the plaintiffs in the Anthem and Yahoo data breach MDLs.
Uber's support of Gutierrez was contingent on whether the MDL panel ordered coordination. Uber actually opposed coordination, citing cases in state court brought by the cities of Chicago and Los Angeles and Washington state over its data breach, and arbitration agreements that riders signed.
Those arguments were “unconvincing,” Vance wrote in the panel's order.
“We decline Uber's suggestion to delay ruling on centralization until their motions to compel arbitration are decided, as the timing and outcome of such rulings in this growing litigation is highly speculative,” she wrote.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllBlake Lively's claims that movie co-star launched smear campaign gets support in publicist's suit
4 minute readSolana Labs Co-Founder Allegedly Pocketed Ex-Wife’s ‘Millions of Dollars’ of Crypto Gains
4 minute readThe end of the 'Rust' criminal case against Alec Baldwin may unlock a civil lawsuit
Trending Stories
- 1The Key Moves in the Reshuffling German Legal Market as 2025 Dawns
- 2Social Media Celebrities Clash in $100M Lawsuit
- 3Federal Judge Sets 2026 Admiralty Bench Trial in Baltimore Bridge Collapse Litigation
- 4Trump Media Accuses Purchaser Rep of Extortion, Harassment After Merger
- 5Judge Slashes $2M in Punitive Damages in Sober-Living Harassment Case
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250