Judicial Panel Grants Defense Request for Pretrial Coordination of Class Action Lawsuits Pursuant to 28 U.S.C. § 1407 and Rejects Plaintiffs’ Requests to Transfer Class Actions to California, Illinois, Massachusetts or Nevada
Six class action lawsuits were filed against The TJX Companies alleging violations of the Fair and Accurate Credit Transactions Act (FACTA). In re The TJX Cos., Inc., Fair & Acc. Credit Trans. Act (FACTA) Litig., ___ F.Supp.2d ___, 2007 WL 2602045, *1 (Jud.Pan.Mult.Lit. August 31, 2007). Defense attorneys filed a motion with the Judicial Panel for Multidistrict Litigation (MDL) requesting centralization of the class actions pursuant to 28 U.S.C. § 1407 in the District of Kansas. Plaintiffs’ lawyers agreed that pretrial coordination was appropriate, but argued alternatively for centralization in California, Illinois, Massachusetts or Nevada. Id. The Judicial Panel granted the motion to centralize the class actions and selected the District of Kansas because of its central location, explaining at page *1: “Given the geographic dispersal of the actions, no district stands out as the geographic focal point for this nationwide docket. Thus, we have sought a transferee district that is centrally located for the parties, and a transferee judge with the time and experience to steer this litigation on a prudent course. Accordingly, we are persuaded that the District of Kansas is an appropriate transferee forum for this litigation.” Id.