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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.


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Issue #35, January 2020

Court to Decide Arbitrability of Mercedes Emission Claims Under Applicable State Law

A federal appeals court has remanded to district court the question of arbitrability of claims accusing Mercedes-Benz of deceiving customers into paying more for “clean diesel” cars that allegedly emit pollutants well beyond the government standard.


Colo. Magistrate Judge Says BMW Engine Defect Lawsuit Should Proceed

A Colorado federal magistrate judge has recommended that a lawsuit accusing BMW of concealing a known engine defect that causes certain of its vehicles to consume oil at an excessive rate be permitted to proceed.


S&N Urges MDL Judge to Dismiss Certain BHR Complaints as Time-Barred

Smith & Nephew Inc. is urging the judge overseeing the BHR Hip Resurfacing multidistrict litigation docket to dismiss certain cases as time-barred, arguing that two recent decisions proffered by plaintiffs do not apply in the instant action.


N.M. Court Upholds $2 Million Verdict in Zimmer Dual-Modular Hip Implant Case

A New Mexico appeals court has upheld a $2 million verdict issued in a lawsuit targeting Zimmer’s dual-modular hip implant device, ruling that the evidence supported the trial court’s findings that the device was defective.


737 Active Cases Pending on BHR Hip Replacement MDL Docket

According to a recent court filing by Smith & Nephew Inc., there are 737 total active cases pending on the Birmingham Hip Resurfacing multidistrict litigation docket in Maryland federal court.


9,838 Cases Pending on DePuy Pinnacle Hip MDL Docket, Filing Says

As of Jan. 7, there are 9,838 product liability cases pending on the DePuy Pinnacle Hip Implant Products Liability Multidistrict Litigation docket pending in Dallas, according to a recent filing.


Trial Begins in Fla. Federal Ethicon Pelvic Mesh Action

Trial has begun in a case in which a Florida woman alleges her implantation of an Ethicon Artisyn pelvic polypropylene mesh device caused her to suffer substantial injuries.


Guardians of Opioid-Addicted Children Ask MDL Judge for Class Certification

Guardians of children diagnosed with opioid withdrawal syndrome have asked the judge overseeing the national opioid multidistrict litigation docket to certify a class in order to provide medical monitoring and surveillance “necessary to address and understand the effects of neonatal abstinence syndrome (NAS).”


Wash. Attorney General Sues J&J, Janssen Over Opioid Crisis

Washington Attorney General Bob Ferguson has sued Johnson & Johnson and its subsidiary Janssen Pharmaceuticals, accusing them of perpetuating the opioid epidemic by touting the potent painkillers as non-addictive and effective for treating chronic pain.


Actavis Inc. Denied Summary Judgment in Bellwether Testosterone Replacement Therapy Case

An Illinois federal judge has refused to dismiss a bellwether testosterone replacement therapy case against Actavis Inc., finding the claims are not preempted because there is no clear evidence that the FDA would have rejected enhanced warnings regarding cardiovascular events.


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