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 #34, December 2019

Breast Implant Plaintiff Opposes Proposed Location for MDL Docket; JPML Set to Hear Arguments Today

A plaintiff with claims pending against Allergan for its Biocell textured breast implants has opposed the suggested location of the proposed multidistrict litigation docket, arguing instead that the Southern District of Florida is the “best venue choice, because its docket conditions are much more favorable than those of the other districts under consideration.”

C-8 MDL Court Awards Plaintiffs Summary Judgment on Application of Collateral Estoppel to Certain Issues

The federal court overseeing the multidistrict litigation docket for C-8 personal injury claims has awarded plaintiffs summary judgment on the application of collateral estoppel to certain issues, saying the move was justified given, in part, that DuPont settled the only remaining bellwether cases, therefore leaving no bellwether cases unresolved.

Judge Refuses to Certify BHR Hip Preemption Ruling for Interlocutory Appeal

A Maryland federal judge has denied Smith & Nephew Inc.’s request to make appealable a ruling that claims relating to the “hybrid” Birmingham Hip Resurfacing-THA and R3-THA hip replacement systems and components are not preempted.

3rd Cir. Remands Thousands of Fosamax Cases to N.J. Federal Court

The 3rd Circuit U.S. Court of Appeals has remanded thousands of Fosamax cases to New Jersey federal court for a determination as to whether federal law preempts the plaintiffs’ claims.

722 Cases Pending on Smith & Nephew BHR Hip MDL Docket

According to a recent court filing by Smith & Nephew Inc., there are 722 total active cases pending on the Birmingham Hip Resurfacing multidistrict litigation docket in Maryland federal court.

9,903 Cases Pending on DePuy Pinnacle Hip MDL Docket, Filing Says

As of Dec. 2, there were 9,903 product liability cases pending on the DePuy Pinnacle Hip Implant Products Liability Multidistrict Litigation docket pending in Dallas, according to a recent filing.

N.J. High Court Creates Consolidated Docket for Proton Pump Inhibitor Lawsuits

The New Jersey Supreme Court has designated cases involving allegations of injuries from several popular heartburn drugs known as proton-pump inhibitors (PPIs) as multicounty litigation, according to a recent order.

N.J. High Court Asked to Coordinate Stryker Tritanium Acetabular Shell Lawsuits

Plaintiffs alleging injuries caused by Stryker’s Tritanium Acetabular Shell hip replacement device have asked the New Jersey Supreme Court to designate the cases as multicounty litigation, arguing that their claims have “common, recurrent issues of law and fact that are associated with a single product.”

Plaintiff Seeks Creation of Coordinated Docket for Hy-Vee Data Breach Claims

Plaintiffs with claims pending against supermarket chain Hy-Vee Inc. for an alleged data breach have asked the U.S. Judicial Panel on Multidistrict Litigation to create a coordinated docket for the actions, saying as more details surface regarding the impact and scope of the data breach, “it is possible that other cases will be filed in the future.”

Issue #33, November 2019

Plaintiff Awarded $64,000 at Conclusion of 1st Bellwether Ford Powershift Transmission Trial

Jurors have issued a $64,000 verdict following the first bellwether Ford Powershift transmission multidistrict litigation trial, finding that Ford Motor Co. violated California law by refusing to repurchase and replace the plaintiff’s 2013 Ford Focus, which has an allegedly defective DPS6 transmission.

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