MDL Judge Refuses to Reconsider ‘Common Benefit Fee’ Holdback Ruling

CHICAGO — The judge overseeing the MDL docket for hair relaxer injury cases has refused to reconsider her refusal to impose a “common benefit fee” holdback on cases that were in state court or that are settled before filing in any court.

On Oct. 11, Judge Mary M. Rowland of the U.S. District Court for the Northern District of Illinois rejected the plaintiffs’ leadership committee (PLC)’s argument that equitable concerns can override the limits of the MDL court’s authority to apply a holdback to attorneys’ fees in non-MDL cases to compensate MDL counsel.

In February 2023, the Judicial Panel on …