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

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.

Pradaxa Maker Awarded Summary Judgment in Calif. Coordinated Docket Action

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 Begins in 1st Bellwether Ford Powershift Transmission Action

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.

N.Y. Federal Bankruptcy Court Extends Stay of Litigation Against Purdue Pharma

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.

Pa. County’s Lawsuit Says JUUL Aggressively Marketed E-Cigarettes to Teens

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.

Opioid Defendants Submit Proposal for Selective Remand to Transferor Courts

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 File Petition with JPML Seeking Creation of Zantac MDL Docket

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.

Deceptive Plaintiff Lawyer Advertising is Harmful to Public Health … and States are Taking Action

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.

Court Lacks Jurisdiction Over NFL Concussion Attorney Fee Brawl, 3rd Cir. Affirms

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.

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