Understanding Hair Relaxer Lawsuits

Updates

Ongoing Hair Relaxer Lawsuits

1. Plaintiffs' Lawyers in Hair Relaxer MDL Seek 11% Compensation Holdback

   November 22, 2023

   Attorneys representing plaintiffs in the hair relaxer Multi-District Litigation (MDL) are petitioning the court for an 11% holdback from the compensation awarded to plaintiffs. This proposed figure is substantial, reflecting the significant efforts and resources invested by the legal teams in the case.

2. Key Outcomes from Status Conference in Hair Relaxer MDL Class Action

   November 21, 2023

   During Friday's status conference for the hair relaxer class action MDL, overseen by Judge Mary M. Rowland in Illinois, several important developments emerged:

   New Briefing Schedule: Judge Rowland requested the parties to establish a consensus on a revised briefing schedule for a motion to dismiss the lawsuit, with a deadline set for November 28, 2023.

   Science Day Scheduling Conflict: There is ongoing contention regarding the scheduling of Science Day. Parties are required to present their arguments in cross briefs by December 6, 2023.

   Case Management Order (CMO) Progress: The parties are actively collaborating on a CMO concerning the Plaintiffs’ Fact Sheets and Records Authorizations and will notify the court upon its finalization.

   Update on State Court Lawsuits: Defendants provided an update on similar lawsuits in state courts, though no specific court action was requested.

   Document Production for International Sales: For products sold outside the U.S., cross briefs are due by December 6, 2023. Additionally, Revlon is required to clarify its discovery stance by November 27, 2023.

   Document Production Deadlines: Revlon must respond to two Requests for Production by December 15, 2023. Similarly, Avalon is expected to provide a complete ingredient list in response to the Plaintiffs’ Interrogatory 6 by the same date.

   ESI Discovery Referred to Magistrate Judge: The court has referred all Electronic Stored Information (ESI) discovery and related disputes to Magistrate Judge Finnegan, without mandating the defendants to reveal all systems used during the relevant timeframe.

3. Hair Relaxer Class Action MDL Nears 8,000 Cases with Rapid Growth

   November 17, 2023

   The hair relaxer class action Multi-District Litigation (MDL) has experienced a dramatic increase in case volume, now approaching nearly 8,000 pending cases. In the last month alone, an additional 2,000 cases were added to the MDL. This surge in litigation activity has seen an average of around 500 new cases being filed each week since the end of August, marking a significant escalation from just 21 cases recorded back in February. This rapid growth underscores the expanding reach and intensifying nature of the legal proceedings in this MDL.

4. Judge Rowland Upholds Key Claims in Hair Relaxer Class Action

   November 14, 2023

   Judge Mary Rowland has delivered a significant ruling in the ongoing class action lawsuit against major hair relaxer manufacturers. Contrary to the defendants' expectations, the MDL judge has rejected their motion to dismiss, particularly dismissing their preemption argument. This decision affirms that federal law does not override the plaintiffs' state law claims, including those pertaining to negligence and product liability.

   Although the court did dismiss the fraud claims for not meeting the specificity required by Rule 9(b), it has allowed the progression of claims related to unfair practices. Notably, the potential for punitive damages remains a part of the lawsuit, significantly influencing its settlement value. Additionally, claims under state law warranties and the Magnuson-Moss Warranty Act have been deemed sufficient to proceed. This ruling marks a crucial victory, reinforcing the momentum of the litigation as it moves forward.

5. Proposal for 11% Holdback in Hair Relaxer Lawsuits

   November 1, 2023

   In the ongoing hair relaxer litigation, the leadership team has proposed an 11% deduction from the gross settlement or verdict amount in every case associated with the hair relaxer lawsuits. This proposed holdback is structured with two distinct allocations: 8% is intended to cover the costs of common benefit work undertaken by the attorneys, and the remaining 3% is aimed at reimbursing expenses incurred for the same. While this proposal raises questions about the appropriateness of the percentage being earmarked, it's important to clarify that this deduction impacts only the portion of the fees that go to the lawyers spearheading the litigation. It does not affect the actual compensation amount that plaintiffs will receive for their individual hair relaxer cancer claims.

6. FDA Moves to Prohibit Formaldehyde in Hair Relaxers Amid Rising Lawsuits

   October 19, 2023

   In light of the surge in cancer lawsuits linked to hair relaxers, the FDA has stepped forward with a proposal to outlaw formaldehyde in all hair relaxing products. Historically prevalent in numerous hair straightening formulations, formaldehyde is recognized for its toxicity and potential to induce various cancers, leukemia included. It's crucial to note, though, that formaldehyde hasn't been connected to ovarian or uterine cancers, the primary focus of the current wave of hair relaxer litigation.

7. Hair Relaxer Litigation Surges with 3,752 Fresh Lawsuits in MDL

   October 16, 2023

   The momentum is building in the hair relaxer class action arena, confirming our initial projections. An astounding 3,752 new cases were introduced to the MDL over the past month alone, escalating the current tally of ongoing lawsuits within the hair relaxer MDL to 5,996. This surge is particularly striking when considering that back in June 2023, the figure hovered at under 200 pending cases.

8. Plaintiffs Secure Key Victory in Initial Discovery Phase

   October 9, 2023

   In the recent MDL status conference, Judge Rowland delivered her decisions on a series of contested discovery issues, primarily ruling in the plaintiffs' favor. Her directives included mandating the defendants to furnish documents beyond their immediate physical possession and dismissing their resistance to disclosing materials related to patents. Conversely, the sole resolution favoring the defendants was the denial of the plaintiffs' demand for litigation hold letters. The judge has set a strict deadline of November 23, 2023, for the submission of the disputed documents.

9. Significant Discovery Conflict Unfolds in Hair Relaxer Class Action

   October 2, 2023

   As the hair relaxer class action continues to explode with new cases, a major early discovery battle appears to be developing between the plaintiffs and the defendants. Last week, all of the hair relaxer defendants jointly submitted a brief to the MDL Judge detailing various discovery disputes and issues that have arisen. The joint submission details various complaints that the defense has with the discovery requests propounded by the plaintiffs. In short, the defendants are complaining that the plaintiffs are asking for everything under the sun. The issues will be addressed at the MDL status conference set for today.

10. Hair Relaxer Product Liability Lawsuits (February 2023)

    February 2023

    In February 2023, there were 24 new cases filed in federal courts, with most filed in the Northern District of Illinois. The lawsuits allege that hair relaxer products caused various health issues, including cancer.

11. New MDL Cases (February 2023)

    February 2023

    Since the start of February, 11 more hair relaxer product liability lawsuits have been filed in federal courts. Seven of the cases were filed in the Northern District of Illinois. The remaining four were filed in districts nationwide but will all be transferred into the new hair relaxer class action MDL.

12. Class Action Lawsuit (February 2023)

    February 2023

    In the same month, a class action lawsuit was formed, consolidating multiple individual cases. This will allow plaintiffs to combine their efforts and resources to take on the large corporations involved in the manufacture and distribution of hair relaxer products.

13. Hair Relaxer Suit Filed in Missouri (January 2023)

    January 2023

    A new lawsuit was filed in Missouri against several companies alleging that their hair care products led to regular and prolonged exposure to phthalates and other endocrine-disrupting chemicals. The plaintiff worked in a hair salon and was diagnosed with endometrial carcinoma a few months prior to the filing of the lawsuit.

14. Mitchell v. L'Oréal

    October 2022

    This early case was filed in federal court in Chicago by Jenny Mitchell, a Missouri resident who used chemical hair relaxers her entire life. She started using hair relaxers at 10 years old and was diagnosed with uterine cancer at the age of 28. This was one of the first cases to allege that the manufacturers knew or should have known that the chemicals in their products could increase the risk of uterine cancer.