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 #33, November 2019
The judge presiding over the California coordinated Pradaxa docket has awarded Boehringer Ingelheim Pharmaceuticals Inc. summary judgment on a plaintiff’s inadequate warning claims, finding they are preempted by federal law.
Trial has begun in the first bellwether action in the Ford Powershift transmission multidistrict litigation, with the plaintiff arguing that Ford Motor Co. violated California law by refusing to repurchase and replace his 2013 Ford Focus, which has an allegedly defective DPS6 transmission.
A New York federal bankruptcy court has extended a stay of litigation against OxyCotin maker Purdue Pharma L.P. through April 2020 pending the OxyCotin maker's Chapter 11 bankruptcy proceedings.
A Pennsylvania county has sued JUUL Labs Inc., accusing it of aggressively marketing its e-cigarette products to teenagers, causing them to become severely addicted to nicotine and exposing them to numerous health risks.
Certain defendants in the opioid multidistrict litigation have suggested that the parties identify a small number of cases, including one Sovereign Indian Tribe action, for immediate remand to the transferor courts for all purposes, including case-specific discovery, motions and trial.
Plaintiffs with Zantac personal injury claims pending have filed a petition for coordination with the U.S. Judicial Panel on Multidistrict Litigation, contending that millions of the drug’s consumers have been exposed to dangerous levels of NDMA.
Mark Behrens of Shook Hardy & Bacon and Ashley Garry of Eli Lilly & Co. discuss the problems with plaintiff lawyer advertisements that target prescription drugs and medical devices for litigation. The authors analyze the new Tennessee and Texas laws and briefly respond to opponents’ claims that regulating misleading lawsuit advertising violates the First Amendment.
A federal appeals court has refused to hear an attorney fee dispute arising from the National Football League players’ concussion litigation, agreeing with a lower court that jurisdiction is lacking because the lawyer’s claim was not interdependent with the underlying claims in the MDL.
An Illinois truck driver has filed a class action against the makers of an edible CBD candy, alleging that contrary to its labeling, it contains delta-9- tetrahydrocannabinol (THC), the main psychoactive chemical in marijuana.
The plaintiff in the first Taxotere permanent hair loss case to go before a jury has asked a Louisiana federal judge for a new trial, arguing that the defense verdict was erroneously based upon the unreliable testimony of defendants’ corporate expert.