Copyright 2003 Andrews Publications, Inc.
Automotive Litigation Reporter
May 6, 2003
Ohio Product Liability Case from Fla. Police Car Case Set For Transfer to Ohio MDL
CASE: MDL 1488 (Fuel System): In re Ford Motor Co. Panther Platform/Fuel Tank Design Prods. Liab. Litig.
In opposing the plaintiffs' motion to stay a Florida action scheduled for transfer to the Ohio federal court handling the multidistrict litigation on Ford Motor Co. police cars, the automaker said that in answering the Florida complaint it was not seeking to defeat the MDL court's jurisdiction. The MDL judge granted the stay without objection from Ford, and the case will be transferred. In re Ford Motor Co. Panther Platform/Fuel Tank Design Products Liability Litigation, MDL No. 1488, No. 02-15000 (N.D. Ohio Apr. 3, 2003).
The plaintiffs made "much ado about nothing," Ford argued, in asking the court to invoke the All-Writs Act and enjoin the automaker from continuing to prosecute the Florida action.
The motion involved a tagalong case, Smith v. Ford Moto r Co., No. 02-CV-135 (N.D. Fla.), which is substantially identical to the cases already consolidated in the MDL.
The plaintiffs said that shortly after the Florida action was filed, Ford filed a notice of related actions with the MDL, requesting transfer of the case to the Northern District of Ohio for consolidated pretrial proceedings. Then, the plaintiffs argued, Ford sought to litigate the case in the Florida court, independent of the MDL proceeding.
Ford's Response
"Contrary to plaintiffs' contentions," the automaker contended, "Ford is not attempting to circumvent or under mine this court's authority. Instead, Ford has consistently taken the position that this court -- and no other -- has the exclusive authority to adjudicate all pretrial matters in cases either in or destined for this MDL proceeding.
"In fact, Ford has attempted to tag similar actions to this court even when opposed by various plaintiffs' attorneys and has expended significant time and energy to ensure that proceedings in other forums do not undermine this court's pretrial rulings. For plaintiffs to come before this court and suggest that 'Ford is obviously seeking to circumvent the MDL' by filing a motion to dismiss in the Smith case is simply absurd," the company continued.
Judge Donald C. Nugent granted the plaintiffs' motion April 3 to stay Smith, without objection from Ford, and noted that the case would be transferred by the Florida court.
Ford is represented by Laura Bancroft Nemer and Elizabeth B. Wright of Thompson Hine in Cleveland and by Brian C. Anderson and Teresa E. Dawson of O'Melveny & Myers in Washington, D.C.
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