Evenflo Moves to Block 2nd Amended Complaint in ‘Big Kid’ Booster Car Seat MDL
June 7, 2023
BOSTON — Evenflo is urging a Massachusetts federal judge to block the filing of a second amended consolidated complaint in the “Big Kid” booster car seat multidistrict litigation, arguing that any amendments would be futile because the National Highway Transportation Safety Administration (NHTSA) has primary jurisdiction over plaintiffs’ claims.
In a June 5 opposition filed before Judge Denise J. Casper of the U.S. District Court for the District of Massachusetts, Evenflo further argues that plaintiffs have failed to plausibly plead that Evenflo’s misrepresentations were material to each of them.
“Eleven of the Plaintiffs do not allege that their children …