Wildfire Lawsuit Status
- As of 2024, numerous wildfire lawsuits have been filed throughout the federal court system, involving claims related to property damage, health issues, and environmental destruction caused by the recent wildfires in California.
- U.S. District Judge Richard M. Gergel is overseeing all pretrial proceedings for various wildfire-related cases in California, as part of ongoing litigation.
- The first wildfire injury lawsuits are being prepared for early trials. These cases involve damages caused by wildfire smoke exposure, property loss, and health issues such as respiratory diseases, asthma, and emotional distress.
- Lawyers continue to investigate and pursue new wildfire lawsuits for individuals affected by property loss, health issues such as cancer, respiratory conditions, and emotional trauma following exposure to wildfire smoke, ash, and heat.
2024 Wildfire Lawsuit Updates
March 14, 2024 Update: Plaintiffs filed a response on March 13, 2024, proposing that the second track of wildfire lawsuits should include claims involving respiratory conditions and psychological trauma related to the aftermath of the wildfires.
January 2, 2024 Update: The U.S. District Judge overseeing wildfire litigation in California released a case management order providing the parties a 24-week period to conduct core discovery on the selected cases for the initial bellwether trials. The discovery phase will include exchanging relevant documents, such as medical records, insurance claims, and environmental reports, as well as conducting depositions of plaintiffs and key witnesses.
December 19, 2023 Update: As the first series of wildfire lawsuits selected for early trial dates undergo core discovery, the judge has directed the parties to meet and establish a plan for selecting a second pool of bellwether claims, involving different types of damages related to the wildfires, and to prepare a schedule for conducting pretrial discovery of the claims.
May 5, 2023 Update: Judge Gergel issued a case management order on May 5, 2023, instructing the parties to prepare a list of 28 wildfire-related injury claims to serve as a bellwether pool. The cases will include property damage claims, respiratory illness claims, psychological trauma claims, and smoke exposure claims.
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2022 Wildfire Lawsuit Updates
October 2022 Wildfire Lawsuit Update: A major wildfire lawsuit concerning the damage in Malibu, California, has been selected for the first bellwether trial, which will go before a jury in June 2023 to help gauge how juries are likely to respond to certain evidence and testimony related to wildfire damages and the responsibility of utility companies in causing the fires.
September 2022 Lawsuit Update: Judge Gergel has denied an attempt by the utility company PG&E to escape liability in wildfire lawsuits under a government contractor defense, finding that the company failed to disclose information regarding the risks associated with power lines in fire-prone areas. This ruling is pivotal, as it will allow many lawsuits to move forward and hold utility companies accountable for not prioritizing safety over profits.
2024 Wildfire Lawsuit Settlement Updates
February 8, 2024 Update: In an order and opinion (PDF) issued on February 8, 2024, Judge Richard M. Gergel issued final approval of a $1.2 billion Wildfire damage settlement with various utility companies and manufacturers, aimed at compensating affected municipalities, homeowners, and businesses for wildfire damages and recovery costs.
June 23, 2023 Update: According to a filing with the Securities Exchange Commission (SEC) on June 22, 2023, a $12.5 billion settlement has been reached between major utility companies and cities nationwide to resolve claims related to wildfires that were allegedly caused by negligence in managing power lines and equipment, leading to devastating wildfires and property damage.
January 10, 2021 Update: Pacific Gas and Electric (PG&E) has agreed to pay $17.5 million to settle a wildfire-related class action lawsuit that raised allegations that the utility company’s failure to properly maintain power lines in California caused massive fires, affecting thousands of homes and residents. The settlement agreement will include compensation for class-wide property damage and health-related claims for those impacted by the wildfires.
Wildfire Lawsuit MDL
As the number of wildfire-related lawsuits, involving property damage, health issues, and environmental destruction, surged across multiple U.S. District Courts, a group of plaintiffs petitioned the U.S. Judicial Panel on Multidistrict Litigation (JPML) in September 2018, requesting that all wildfire lawsuits be consolidated into a single jurisdiction for streamlined pretrial proceedings.
The JPML responded with a transfer order in December 2018, consolidating all wildfire-related claims into a Wildfire Damage Products Liability Multidistrict Litigation (MDL), where the claims have been centralized in the U.S. District Court for California, with Judge Richard M. Gergel presiding.
With nearly 7,000 wildfire lawsuits registered in the Wildfire MDL as of 2024, Judge Gergel has established a bellwether process, in which a series of representative claims will be prepared for early trial dates to determine how juries will respond to evidence repeated throughout the litigation.
While the outcomes of these wildfire bellwether trials will not have any binding impact on the remaining claims, verdicts returned by juries could influence whether a global settlement may be offered by the defendants for specific injuries.
Wildfire Property Damage and Health Issues Bellwether Trials
The first series of wildfire lawsuits that are being prepared for early trial dates will include 28 claims involving:
- Property damage (8)
- Respiratory illnesses (8)
- Emotional distress (8)
- Health issues related to smoke inhalation (4)
Each of the claims involves individuals alleging that they suffered damages from wildfires caused by negligent utility companies, including residents near fire-prone areas in California and Oregon.
Wildfire Lung Disease and Cancer Bellwether Trials
In March 2024, plaintiffs issued a response to a court order proposing that the second track of wildfire lawsuits should include claims alleging that exposure to wildfire smoke resulted in:
- Lung cancer
- Other respiratory diseases
Wildfire Lawsuit Frequently Asked Questions
Who Are The Defendants In The Wildfire Lawsuit?
Defendants in wildfire lawsuits are typically utility companies, government agencies responsible for forest management, manufacturers of fire-related products, and other related entities. Some of the most commonly named defendants in lawsuits have included Pacific Gas & Electric (PG&E), Southern California Edison, and other utility companies.
Who Qualifies For The Wildfire Lawsuit?
Individuals who have suffered injuries or damages due to wildfires may qualify for a wildfire lawsuit. This includes homeowners, business owners, residents in affected areas, and individuals who suffered health issues from exposure to wildfire smoke and ash.
What Is The Statute Of Limitations For Wildfire Lawsuits?
The statute of limitations for wildfire lawsuits varies by state, but it generally starts from the date of discovery of injuries or damages caused by the wildfire. Because time limitations vary, it is crucial to take legal action promptly.
What Are The Expected Wildfire Lawsuit Settlement Amounts?
The expected settlement amounts for wildfire lawsuits can vary significantly depending on the extent of damages, injuries, and the strength of the evidence presented. Each case is unique, and lawsuit settlement amounts are determined on a case-by-case basis.
Who Can File a Wildfire Lawsuit?
Individuals who have been harmed by wildfire-related damages can file a lawsuit. This includes not only homeowners and business owners, but also individuals who have suffered health complications, emotional trauma, or loss due to wildfires and related environmental impacts.
