1st Cir. Reinstates Evenflo ‘Big Kid’ MDL, Says Plaintiffs Have Article III Standing

BOSTON — The 1st Circuit U.S. Court of Appeals has revived the Evenflo “Big Kid” booster car seat multidistrict litigation, ruling that the plaintiffs have Article III standing to assert their claims that they overpaid for the allegedly unsafe product.

In a Nov. 23 opinion that reversed dismissal of a consolidated class action complaint, the appellate panel explained that overpayment is a cognizable form of Article III injury.

In June 2020, the Judicial Panel on Multidistrict Litigation transferred all Evenflo “Big Kid” booster car seat actions to the U.S. District Court for the District of Massachusetts for coordinated or consolidated …