The so-called bellwether trial in the GM faulty ignition switch multidistrict litigation (MDL) was a disaster from the get-go. The trial in the New York federal court ended abruptly with the Plaintiff dismissing his case. It is not unusual for issues to arise with individual cases in complex litigation, especially one involving a high number of claims like the GM multidistrict litigation. But how in the world this case could have been selected by the Plaintiffs’ MDL leadership is a complete mystery. It should have been a GM pick and we worked with The Cooper Firm on the landmark Melton case that revealed the GM cover-up of the defect and led to the initial recall. There are a tremendous number of good cases that should have been the bellwether trial. Why one of those cases wasn’t selected defies logic. While the MDL dealt with issues on a single case, our two firms have made sure our GM clients’ cases are moving forward successfully. We are confident that we will be able to represent them effectively despite what happened in New York. The case selected as the Bellwether case for trial in the MDL should never have been filed, much less selected as the case to try in the MDL. I suspect we haven’t heard the last about why the case was selected to be the Bellwether choice for the PSC.
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