MDL Mass Tort & Class Action Monitor

Developed to serve primarily as a litigation scouting report for plaintiff and defense counsel, insurers and legal service providers, HarrisMartin’s MDL Mass Tort & Class Action Monitor covers significant new filings and decisions in the JPML, MDL and related mass tort arenas. The quick delivery of breaking news and additional features will keep you within close range of every development occurring in the high-stakes environment of mass torts litigation — where minutes can make a difference. The MDL Mass Tort & Class Action Monitor is an online-only offering that includes frequent email updates and is available at no charge to annual and event sponsors of HarrisMartin’s CLE Conferences.



Issue #37, March 2020

Court May Not Bar Expert Witness Solely Due to Missed Deadline, Ga. High Court Rules

The Georgia Supreme court has ruled that a trial court may not exclude an expert witness solely because the witness was identified after the deadline set in a scheduling, discovery, and/or case management order.

Plaintiffs in Evenflo Car Seat Actions Ask JPML to Create MDL Docket

Plaintiffs in two Evenflo “Big Kid” car booster car seat actions have asked the Judicial Panel on Multidistrict Litigation to create a federal docket in the U.S. District Court for the District of Massachusetts for coordinated or consolidated pretrial proceedings.

Bench Trial Resumes in Volkswagen ‘Clean Diesel’ MDL Cases in Calif. Federal Court

Trial has resumed in seven cases pending on the Volkswagen “clean diesel” multidistrict litigation docket following denial of the plaintiffs’ bid to disqualify the California judge from overseeing the proceedings on the basis of bias.

Issue #36, February 2020

Zantac MDL Judge Appoints Initial Census, Practices and Procedures Teams

The judge overseeing the Zantac (ranitidine) multidistrict litigation docket in Florida federal court has appointed an initial census team to determine the number of filed and unfiled claims under investigation by plaintiffs’ attorneys.

Taxotere MDL Judge Refuses to Remand Multi-Plaintiff Action, Says McKesson Improperly Joined

The judge overseeing the federal Taxotere (docetaxel) multidistrict litigation docket has refused to remand a multi-plaintiff action to California state court, ruling that the complaint does not assert a plausible claim against non-diverse defendant McKesson Corp.

Plaintiff Denied New Trial Following Defense Verdict in Bellwether Taxotere Case

A Louisiana federal judge has refused to order a new trial following a defense verdict in the first Taxotere permanent hair loss case to go before a jury, ruling that the court did not erroneously admit certain evidence from Sanofi Aventis’ expert witness.

N.J. High Court Refuses to Consolidate Stryker Tritanium Acetabular Shell Hip Cases

Based upon a “limited number of cases at present,” the New Jersey Supreme Court has refused to create a consolidated docket for lawsuits targeting Stryker’s Tritanium Acetabular Shell hip replacement device.

Plaintiffs Seek Centralized Management of N.J. Allergan Biocell Breast Implant Cases

Plaintiffs who allege injuries caused by Allergan’s Biocell textured breast implants and expanders have asked the New Jersey Supreme Court to designate a multi-county litigation for centralized management of the actions.

FDA Says Weight Loss Drug Belviq Should Be Withdrawn Due to Cancer Risk

The Food and Drug Administration has asked the makers of Belviq (lorcaserin) to withdraw the weight loss drug from the market, explaining that a safety clinical trial shows an increased occurrence of cancer.

Heightened Pleading Standard Does Not Apply to DTPA Fraud Claims, Wis. High Court Rules

In a ruling of first impression, the Wisconsin Supreme Court has held that the statutory heightened pleading standard for fraud claims does not apply to claims made under the state Deceptive Trade Practices Act’s prohibition of fraudulent misrepresentations.

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