JPML Vacates Conditional Transfer Order in Social Media Action

filed a notice of opposition to the proposed transfer order. Plaintiffs, on behalf of minor plaintiff C.O., allege C.O. suffered serious mental and physical harms from ages 10-15 while she was a heavy user of defendants' Instagram and Snapchat platforms. During that time, she was connected to, messaged by and solicited for sexually graphic content and acts on numerous occasions by defendants Reginald Sharp and Eddie Rodriguez, adult users of Instagram and Snapchat, alleges the complaint. Facebook and Instagram parent Meta argued the action should be transferred to the MDL because it involves theories of liability that overlap with the then-170 cases that had already been transferred to and centralized in MDL No. 3047. U.S. District Judge Sarala Nagala for Connecticut in Hartford granted plaintiffs’ motion to remand a social media lawsuit to Connecticut Superior Court in Fairfield last month after May 17 oral argument (see 2305250014). Based on the allegations of the complaint, the district court lacks jurisdiction over the action due to a lack of complete diversity, Nagala ruled. Though the plaintiffs are diverse from the corporate defendants, both plaintiffs and the individual defendants are citizens of Connecticut, she said. Removal was “procedurally improper” under the forum defendant rule because the individual defendants are citizens of Connecticut, the forum state, she said.