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PI Law This Week: Uber's MDL Swells, a State Bans Funders, and Phantom-Damages Reform Spreads

The Uber assault MDL crosses 3,900 cases, North Carolina outlaws litigation funding outright, and the phantom-damages fight moves from courtrooms to statehouses.

Courthouse steps with figures walking past stone columns

The week in personal injury law

Three storylines defined the last several days for plaintiff practitioners: a rideshare mass tort that keeps compounding, a hardening national fight over who is allowed to finance lawsuits, and a quiet but consequential shift in how much of a medical bill a plaintiff can put in front of a jury. None of them is a single verdict, and all of them will outlast this news cycle. Here is what moved and why it matters for case-building.

Uber's assault MDL keeps compounding

The passenger sexual-assault multidistrict litigation against Uber, MDL 3084 before Judge Breyer in the Northern District of California, jumped from 3,571 pending cases in June to 3,940 in July, an increase of 369 in a single month. That growth rate now makes it one of the fastest expanding dockets in the federal MDL system, and the inventory is climbing even as the early results split. Federal juries have gone against Uber in the first two bellwether trials, but the verdict spread has been wide, from an eight-figure award earlier this year to a nominal five-figure result in a later test case. The next bellwether, Jane Doe QLF 001 v. Uber, is set for September 14, and Judge Breyer has structured the litigation into waves of roughly twenty representative cases each.

For firms holding rideshare inventory, the lesson of the split verdicts is that case selection and individualized proof, not the size of the MDL, will drive value. A large docket creates settlement gravity, but the divergent bellwether numbers tell defendants that not every claim carries the same risk. The corporate-liability theories being tested here, common-carrier status and non-delegable duty, are the same ones reshaping how the plaintiff bar frames platform cases, and the through-line to the rest of the sector's news this term is that structural liability arguments are outrunning the individual-driver frame.

The funding fight goes from disclosure to prohibition

The bigger structural story is money. On June 22, North Carolina Governor Josh Stein signed the Prohibit Litigation Investments Act, making the state the first to broadly outlaw third-party litigation funding in its courts rather than merely regulate it. The law makes it unlawful for outside investors to finance litigation in exchange for a financial interest tied to the outcome. That is a categorical break from the approach most states have taken, which is disclosure and registration rather than a ban.

The contrast with Georgia is the tell. Georgia's regime, effective at the start of this year, requires funders operating in the state to register, disclose ownership and criminal history, and place bold consumer disclosures in their contracts, but it lets the market function. North Carolina closed the market. At the federal level, Senator Chuck Grassley reintroduced the Litigation Funding Transparency Act, which would force disclosure of outside investors in federal class actions and MDLs, bar funders from steering strategy, and cut off their access to confidential discovery. A separate House proposal targets foreign-sourced funding in particular.

North Carolina did not tighten the rules on litigation funders. It removed them from the courthouse. That is a different kind of reform, and other legislatures are watching how it holds up.

Plaintiff firms should read the funding wave on two levels. Operationally, capital structure matters more than it did a year ago, and a firm that has leaned on portfolio financing needs to know which of its venues are moving toward disclosure and which toward prohibition. Strategically, the disclosure bills threaten to make funding arrangements discoverable, which changes the calculus of taking outside money on a specific case. The economics of carrying cases, and how funding and lien exposure interact on the back end, remain the pressure point we keep flagging in liens and settlement coverage.

Phantom damages move from the bench to the statehouse

The medical-damages fight had its most important development in the courts last fall and is now migrating into legislatures. In Gardner v. Norman, decided October 30, 2025, the Utah Supreme Court held that the negotiated charge between a plaintiff's insurer and the provider, not the gross billed amount, is the proper measure of recoverable past medical specials, and that the collateral source rule does not require excluding those negotiated figures. In plain terms, an insured Utah plaintiff now recovers what was actually paid or owed, not the chargemaster number.

The reason it matters this week is momentum. The American Tort Reform Association is pushing so-called phantom-damages bills in multiple statehouses, with Maryland's legislature taking up the issue and Utah's own SB 211 codifying pieces of the debate. A majority of states now limit a jury's access to gross billed amounts in some form. For plaintiff practitioners the practical effect is uneven and jurisdiction-specific, which is exactly why the doctrinal detail matters. We break down the Gardner holding and how to plead around it in this week's case law and settlements analysis, but the headline for firm economics is simple: in a growing number of states, the past-medical number you build the demand around is shrinking toward the paid figure.

Camp Lejeune crosses another threshold, slowly

The Camp Lejeune docket keeps grinding. Approved settlement offers have now surpassed roughly $876 million, with well over $600 million actually paid to veterans and family members under the elective-option tiers that run from $100,000 to $450,000 by injury and exposure length. The government has appointed two special masters, Jenner and Block chair Thomas Perrelli and DLA Piper partner Christopher Oprison, a former Marine, to push settlements forward. The bottleneck remains documentation: reporting suggests only a small fraction of elective-option claims carry enough proof to move from the Navy's claims unit to the Justice Department for approval, and hundreds of thousands of administrative claims remain in the queue against a reduced federal workforce. Firms holding Lejeune inventory should treat proof-gathering, not filing, as the gating task.

On the verdict board

Premises and catastrophic-injury verdicts continued their run. A Prince George's County, Maryland jury returned more than $71 million to a tenant who suffered catastrophic injuries after jumping from a second-story apartment during a nighttime fire at his complex, a result that lands in the same nine-figure-adjacent territory that has defined premises awards this summer. On the settlement side, a Tampa claimant struck by a commercial semi resolved for $2.75 million, a reminder that the trucking-value floor keeps rising even in cases that never see a jury.

What to watch

  • The September 14 Uber bellwether, which will test whether the plaintiff-side verdicts hold up or the low outliers set the tone for settlement talks.
  • Whether a second state follows North Carolina toward an outright funding ban, or whether the disclosure model prevails as the national compromise.
  • How many legislatures take up phantom-damages bills in the next session now that Utah's court has handed reformers a template.

The connective thread is that this term's most important moves are structural rather than anecdotal. Who can fund a case, how much of a bill a jury sees, and which corporate-liability theories survive will shape more files than any single verdict on the board. The commercial-trucking value trend we track in truck and motorcycle coverage is one more data point in the same direction: the ground is shifting under case valuation, and the firms that adjust their intake and capital assumptions now will be the ones still standing when it settles.

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