What the amici argued (summary)

I found the JPML’s April 11, 2024 order in In re: Hotel Industry Sex-Trafficking Litigation (No. II), MDL 3104. It confirms that six anti-sex-trafficking organizations—4Sarah, Divas Who Win Freedom Center, Rescuing Hope, Street Grace, Sunrise Ministries, and the Wilbanks Child Endangerment & Sexual Exploitation (CEASE) Clinic—filed an amicus brief opposing centralization. The brief itself is filed on the MDL 3104 docket, but it isn’t publicly mirrored on a free site; you’ll need to pull it from the official docket (links below). jpml.uscourts.gov

What the amici argued (summary)

  • Keep cases local; facts are highly individualized. The amici emphasize that trafficking cases turn on victim-specific circumstances and property-specific “red flags/indicia” (e.g., repeated cash day-rates, heavy male foot traffic, injuries, debris, long “Do Not Disturb,” etc.), so centralization would obscure facts and slow survivor-centered justice. The JPML’s order echoes this, citing the same diversity of “different hotels… different indicia of sex trafficking… different time periods”. jpml.uscourts.gov
  • No unifying defendant or common fact spine. With 200+ differently named defendants across ~113 actions, there isn’t a single common, fact-intensive question suitable for an MDL (unlike, say, general causation in a products MDL). jpml.uscourts.gov
  • Informal coordination works better here. Given overlapping counsel and that ~62 cases were already before just two judges (E.D. Tex. and S.D. Ohio), the amici urged (and the Panel agreed) that informal coordination and judge-to-judge cooperation suffice. jpml.uscourts.gov
  • Survivor-first concerns with global processes. Mirroring positions seen in the 2020 round, survivor-advocacy groups warn that centralized, industry-wide proceedings risk “global settlement” dynamics that may not reflect individual harms or goals, undermining TVPRA’s survivor-empowerment purpose. (This rationale is documented contemporaneously in analysis of the 2020 amici split.) jpml.uscourts.gov+1

Where to download the actual amicus

The brief is on the official MDL 3104 docket (PACER/GovInfo). These pages are the correct entry points to retrieve the PDF filing:

  • JPML Order (confirms the six amici and their position): “Order Denying Transfer,” Apr. 11, 2024. jpml.uscourts.gov
  • GovInfo MDL 3104 docket landing page (official): browse to filings and download the amicus brief PDF there. GovInfo
  • Justia MDL 3104 docket mirror (for entry numbers; links through to PACER): helpful to spot the amicus entry before pulling from PACER/GovInfo. Justia Dockets & Filings

Tip: On the JPML docket, look for an entry labeled along the lines of “Brief of Amici Curiae” filed by the six groups named above (filed in March–April 2024). If you’d like, tell me if you have PACER access and I’ll point you to the exact docket number to click.