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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 #34, December 2019

4 Bellwether Cases Chosen in Zimmer M/L Taper Hip MDL

The judge overseeing the MDL docket for cases involving its M/L Taper Hip Prosthesis or M/L Taper Hip Prosthesis with Kinectiv Technology and VerSys Femoral Head has selected four cases to be prepared for bellwether trial.


3rd Cir. Panel Reinstates Avandia False Marketing Action, Finds Claims Not Preempted

A federal appeals panel has reinstated a lawsuit in which two health benefit plans accuse GlaxoSmithKline of concealing the risks posed by its type-2 diabetes drug Avandia, ruling that the state law consumer protection claims are not preempted by federal law.


HarrisMartin: JPML Establishes Breast Implant MDL Docket, Sends Claims to New Jersey

The U.S. Judicial Panel on Multidistrict Litigation has opted to create a multidistrict litigation docket for claims asserted against Allergan for its Biocell textured breast implants, sending the lawsuits to the District of New Jersey.


Class Action Says Acura Vehicles Have Dangerous Acceleration Defect

A Florida woman has filed a proposed class action accusing American Honda Motor Company Inc. d/b/a Acura of failing to disclose a dangerous defect in select Acura models, causing them to decelerate rapidly, stall, and shut down without warning when the driver presses the accelerator pedal.


Cardinal Health Shareholder Sues Board of Directors for Opioid Crisis

A shareholder of Cardinal Health Inc. has sued the company’s board of directors, accusing it of failing to implement measures that would have prevented the company’s participation in the opioid crisis, causing it to lose potentially billions of dollars in losses and expenses.


JPML Sets Petition for Creation of Sex Trafficking MDL for Argument at Jan. Hearing

The U.S. Judicial Panel on Multidistrict Litigation will hear arguments relating to a petition to create a multidistrict litigation docket for sex trafficking claims at its January hearing in Tampa, Fla., according to a recent docket entry.


Plaintiffs in Delta Dental Price-Fixing Actions Seek MDL Docket

Plaintiffs in a consolidated action accusing insurers operating under the Delta Dental name of suppressing competition and fixing provider reimbursement rates in violation of the Sherman Act have asked a federal panel to create a consolidated docket for related actions.


2nd Trial Begins in Calif. Federal Ford PowerShift Transmission MDL

Opening arguments took place in the second case to go to trial in the Ford DPS6 PowerShift multidistrict litigation, in which plaintiffs allege that their 2014 Ford Focus was plagued with transmission problems, rendering the vehicle unsafe to drive.


Non-Manufacturing Sellers May Use ‘Innocent Seller’ Provision as Affirmative Defense, Miss. High Court Rules

The Mississippi Supreme Court has ruled that the “innocent seller” provision of the state’s Products Liability Act provides an affirmative defense for non-manufacturing product sellers because it gives immunity to innocent sellers without placing a burden of proof on a plaintiff.


Georgia Legislative Panel Recommends $250,000 Punitive Damages Cap

A Georgia legislative panel has recommended a series of tort reform measures, which include imposing a $250,000 cap on punitive damage awards in medical malpractice, product liability and personal injury actions.


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