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 #41, July 2020
Cook Medical Inc. has moved to dismiss fraud claims asserted by plaintiffs in the IVC filter multidistrict litigation, arguing that they are not pled with the particularity required by Rule 9(b) and plaintiffs failed to plead all the elements necessary to establish fraudulent concealment.
Cook Medical Inc. has asked the judge overseeing the Cook IVC multidistrict litigation docket to deny a plantiff’s motion to dismiss a bellwether case, contending that the plaintiff’s counsel has been continually filing no-injury/product-in-place cases in an attempt to receive some payment in settlement.
Issue #40, June 2020
Wright Medical has opposed creation of an MDL docket for cases involving hip devices consisting of a Profemur total hip implant modular femoral neck coupled with a modular titanium Profemur femoral stem, arguing that the parties can effectively manage the cases without federal court coordination.
Wells Fargo Bank has opposed creation of a multidistrict litigation docket for cases accusing it of failing to process applications for Paycheck Protection Program loans on a “first come, first served” basis, arguing that the actions lack the “common factual core” necessary for consolidation.
Plaintiffs with claims against Toyota for an allegedly faulty fuel pump have asked the U.S. Judicial Panel on Multidistrict Litigation to create a coordinated MDL docket for the cases, saying that they each present “common core of facts.”
For the second time, a petition has been filed asking the U.S. Judicial Panel on Multidistrict Litigation to create a coordinated MDL docket for claims relating to refunds for season ski passes that remain unfulfilled as a result of the COVID-19 pandemic, this time with the plaintiffs arguing that insurance purchased with the season ski passes has not yet been paid out.
Those with claims filed against foreign and domestic passenger airlines seeking refunds for flights cancelled in response to the COVID-19 pandemic have filed a petition seeking the creation of a coordinated multidistrict litigation docket.
A New York man has filed a proposed class action against a travel insurance provider, accusing it of refusing to refund his premium for post-departure coverage after his European cruise was canceled due to the COVID-19 pandemic.
Several businesses have filed briefs with the Judicial Panel on Multidistrict Litigation supporting creation of a federal MDL docket for claims relating to COVID-19 coverage disputes, while the insurers argue that consolidation would not be appropriate.
Petition Seeks Creation of MDL Docket for Claims Against Wells Fargo for ‘Deceptive Business Practices’ Relating to PPP Loans
A petition has been filed seeking the creation of a multidistrict litigation docket for claims pending against Wells Fargo Bank for unfair and deceptive business practices, with the plaintiffs maintaining that the bank “failed to implement and follow the Small Business Association’s rules and regulations requiring that [Paycheck Protection Program] applications be processed on a ‘first-come, first-served’ basis.”