Judge Refuses to Impose ‘Common Benefit Fee’ Holdback on Non-MDL Hair Relaxer Cases

CHICAGO — The judge overseeing the federal MDL docket for hair relaxer injury cases has refused to impose a “common benefit fee” holdback on cases that were in state court or that are settled before filing in any court, ruling that the MDL court’s jurisdiction does not extend to cases that were actually before it.

In an Aug. 22 order, Judge Mary M. Rowland of the U.S. District Court for the Northern District of Illinois rejected the plaintiff steering committee’s argument that in the instant litigation, the MDL court is empowered to order holdbacks under the equitable common benefit doctrine, …