Jillian Thornton Flax, a member of Cozen O'Connor's Products Liability practice, discusses the new claims that GM is facing in Law360. Although it’s late in the game, drivers with claims against New GM can contend that there should be additional bellwethers added to the litigation. “If plaintiffs wanted to make an argument that the trial pool is now unrepresentative of the overall landscape of claims, they could do so because one of the criteria in choosing bellwether trials is that the accident occurred after 2009,” Jillian said. “[They would have] good cause to prove to the judge the need to go back, start over and look at the claims all over again and find representative bellwether cases.”
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