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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

New Class Action Says Zantac Makers Failed to Warn of Carcinogen Dangers

An Illinois woman has filed a class action against the makers of Zantac, accusing them of failing to warn consumers that the over-the-counter heartburn drug contains dangerously high levels of N-nitrosodimethylamine (NDMA), a carcinogen.


TransUnion Seeks Creation of Federal Docket for Fair Credit Reporting Act Lawsuits

A consumer reporting agency and its parent company have asked the Judicial Panel on Multidistrict Litigation to create a federal docket for class actions accusing them of violating the Fair Credit Reporting Act when preparing tenant screening reports including public records.


Pa. Judge Reduces $8 Billion Risperdal Verdict to $6.8 Million

A Pennsylvania judge has reduced an $8 billion punitive damages verdict to $6.8 million in a Risperdal case, agreeing with defendant Janssen Pharmaceuticals Inc. that the award was not proportional to the compensatory damages judgment of $680,000.


General Causation Experts Excluded in Viagra/Cialis Melanoma MDL

A California federal judge has excluded the opinions of plaintiffs’ causation experts in the Viagra/Cialis multidistrict litigation, ruling that they failed to prove an association between use of the drugs and progression of melanoma.


Weight Loss Drug Belviq Could Increase Risk of Cancer, FDA Warns

The Food and Drug Administration has warned that Arena Pharmaceutical’s weight management drug Belviq (lorcaserin) could increase the risk of cancer.


AmerisourceBergen Ordered to Provide CSA Compliance Documents to Shareholders

A Delaware judge has ordered AmerisourceBergen to provide its shareholders with documents concerning its compliance with the Controlled Substances Act, ruling that question of whether the company illegally perpetuated the opioid crisis "is reasonably related to” shareholders’ interests.


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.


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