Judge sets two new social media addiction trials for 2027

A Los Angeles judge has mapped out two new rounds of social media addiction bellwether trials for 2027 as the coordinated litigation involving nearly 3,000 cases moves toward its second trial next month.

During a status conference Wednesday, Superior Court Judge Carolyn B. Kuhl set March 16, 2027, for the next round of bellwether trials involving three remaining cases from the litigation's first discovery pool.

Plaintiffs have until the end of the year to seek a joint trial of the cases. But Kuhl said all three must be ready to go to trial.

"It's not as though we were necessarily only going to try one on that date," Kuhl said, noting the parties must be prepared to try all three cases regardless.

Kuhl separately set Aug. 6, 2027, for another bellwether trial drawn from a newer discovery pool. Eight cases will undergo further discovery before the parties recommend which should proceed to trial.

"Although there are 3,000 cases in this grouping, we're going to try and find a way to take them to trial," Kuhl said.

The judge sided with defendants on the discovery schedule, requiring expert reports before the cases are ranked for trial. Plaintiffs had sought to narrow the field first to avoid the expense of expert work in cases that might not be tried.

Three other cases in the pool were set aside because attorneys have been unable to contact the plaintiffs. Kuhl gave counsel until Oct. 2 to dismiss those cases or seek permission to withdraw.

Kuhl said completing the reports would provide a better picture of each plaintiff's claims and fit the court's broader effort to move the litigation toward trial.

The status conference also produced a development for the next bellwether trial, scheduled to begin Oct. 28 with two minor plaintiffs facing Meta, YouTube and Snapchat before the same jury. Social Media Cases, JCCP 5255 (L.A. Super. Ct., filed Oct. 24, 2022).

TikTok previously settled with both plaintiffs on undisclosed terms, though it remains a defendant in the broader coordinated litigation and, for now, is slated to face the remaining bellwether plaintiffs next year.

The status conference also raised a discovery issue that could affect the Oct. 28 trial.

Meta attorney Ashley M. Simonsen of Covington & Burling LLP said the company is reexamining privilege claims over documents produced in related federal litigation. This follows privilege rulings by U.S. District Judge Yvonne Gonzalez Rogers during the recently settled state attorneys general trial in Oakland that could require the company to pay up to $17.1 billion and make changes to Facebook and Instagram. In re: Social Media Adolescent Addiction/Personal Injury Products Liability Litigation, 4:22-md-03047 (N.D. Cal., filed Oct. 6, 2022).

The agreement, which remains subject to Gonzalez Rogers' approval, would resolve government enforcement claims but would not resolve the individual injury cases pending before Kuhl.

Simonsen said Meta largely prevailed on its privilege claims, but Gonzalez Rogers rejected a privilege assertion over one workplace chat. Meta will now prioritize its review of documents appearing on the Los Angeles plaintiffs' exhibit list for the October trial and produce material if it narrows its privilege claims.

Plaintiffs' attorney Davis Vaughn of the Beasley Allen Law Firm said the material could be relevant to the upcoming trial and urged Meta to complete the review in time for plaintiffs to potentially use newly produced documents before the jury.

The Oct. 28 trial will be the second bellwether to reach a jury in the coordinated litigation. Kuhl recently consolidated the cases brought by S.J. and K.D.B. for trial, rejecting defendants' arguments that differences in their social media use, mental health histories and alleged injuries could confuse jurors. A final status conference is set for Sept. 29.

The first bellwether ended in March with a $6 million verdict for Kaley G.M. against Meta and YouTube, including $3 million in punitive damages. Both companies deny liability and are appealing. A second plaintiff, R.K.C., was scheduled for trial in July but settled with YouTube, TikTok and Snap before dismissing his remaining claims against Meta without payment.

Both companies deny liability and are appealing the verdict.

A second plaintiff, R.K.C., had been scheduled for trial in July but settled with YouTube, TikTok and Snap before dismissing his remaining claims against Meta without payment.