“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.
