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Delta Air Lines Inc. and its regional subsidiary Endeavor Air Inc. are urging a Georgia federal judge to hit the brakes on a fiery personal injury suit stemming from the harrowing crash of Delta Flight 4819 in Toronto earlier this year. The carriers want the case paused—or shipped to Minnesota—while a potential consolidation of lawsuits into a multidistrict litigation (MDL) unfolds.

A Tangled Legal Descent

In a motion filed Friday, the airlines argued that plaintiff Marthinus Lourens’ case is one of just two outliers not already under the jurisdiction of a Minnesota federal court, where 14 similar lawsuits are pending before the same judge. The carriers insist a stay would prevent legal turbulence by avoiding conflicting discovery efforts across multiple jurisdictions.

Lourens' suit, filed just days after the February 17 crash, paints a terrifying scene: he claims he was violently tossed inside the aircraft, left dangling upside down in his seatbelt as fuel leaked onto him inside a burning plane. The Embraer 175 aircraft, operated by Endeavor, had just landed at Toronto's Pearson International Airport after departing from Minneapolis with 80 people on board.

"Unwarranted MDL," Says Plaintiff’s Counsel

Lourens, a Texas resident, alleges severe head, neck, back, and facial injuries, along with emotional trauma. His legal team, led by Andres C. Pereira of DJC Law PLLC, is opposing the motion to stay the case, calling the request premature. “Consolidation through MDL is not a given and is unwarranted,” Pereira told Law360. He noted that with only a handful of related suits filed, coordination could proceed without formal MDL status.

Delta and Endeavor counter that moving the case to Minnesota, where Endeavor is headquartered and where the flight originated, would be more logical than keeping it in Georgia—despite both companies being licensed to operate there. They argue the consolidation would prevent multiple depositions for flight crew and streamline legal proceedings.

Courtroom Crosswinds

The airlines further contend that delaying proceedings wouldn't harm Lourens, given that the case is still in its early stages. With the Judicial Panel on Multidistrict Litigation (JPML) set to wrap up briefing soon, they assert it’s wise to wait before diving into discovery.

But plaintiff counsel maintains that time is of the essence for their client, who continues to suffer from the aftermath of the traumatic event. The court has yet to rule on the motion to stay or transfer.