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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 #32, October 2019

Teva, Distributors Reach Settlement with Ohio Counties on Eve of Opioid Trial

Teva Pharmaceuticals and several drug distributors have agreed to a settlement with two Ohio counties on the eve of the first bellwether trial on the opioid multidistrict litigation docket, sources told HarrisMartin Publishing.


N.M. Federal Judge Splits Gold King Mine MDL Trial Into 3 Phases

A New Mexico federal judge has granted plaintiffs’ request to trifurcate a trial involving the 2015 spill of three million gallons of contaminated water from the shuttered Gold King Mine in Colorado.


Opioid MDL Judge Denies Teva’s Motion to Sever from Bellwether Trial

The Ohio federal judge overseeing the opioid multidistrict litigation docket has denied Teva Pharmaceuticals’ request to be severed from the Track One bellwether trial, saying he “is confident the parties will be able to present their case to the jury in an intelligible way.”


JUUL Labs Hit with Wrongful Death Action in Wake of Teenage User’s Death

The mother of a teenager whose death was allegedly caused by his three-year addiction to vaping has sued JUUL Labs Inc. in California federal court, accusing it of aggressively marketing its product to youths and creating an epidemic.


In New Lawsuit, Health Insurer Accuses Generic Drug Makers of Price-Fixing Conspiracy

United Healthcare Services Inc. has sued several generic drug makers, accusing them of violating federal and state laws by conspiring to fix, increase, stabilize, or maintain prices of their drugs in order to avoid competing and keep prices high.


N.Y. Bankruptcy Judge Temporarily Stays Lawsuits Against OxyCotin Maker Purdue Pharma

The New York federal judge overseeing Purdue Pharma L.P.’s Chapter 11 bankruptcy proceedings has temporarily stayed legal proceedings filed by 25 states against the OxyCotin maker and its owners, the Sackler family, ruling that continuation of the active litigation “would result in irreparable harm to the debtors and their reorganization.”


DSW Shoe Warehouse Seeks MDL Docket for Text Messaging Class Actions

Designer Brands Inc. and DSW Shoe Warehouse Inc. have asked the U.S. Judicial Panel on Multidistrict Litigation to create an MDL docket for actions accusing them of violating the Telephone Consumer Protection Act by sending unauthorized promotional text messages.


Class Action Accusing J&J of Raising Insurance Premiums Via Opioid Crisis Dismissed

A New Jersey judge has dismissed a proposed class action accusing Johnson & Johnson and two of its subsidiaries of raising insurance premiums by creating and perpetuating the opioid crisis, ruling that the complaint failed to adequately allege causation.


6th Cir. Refuses to Postpone, Dismiss Scheduled Opioid Bellwether Trial

The 6th Circuit U.S. Court of Appeals has refused to dismiss or postpone a consolidated bellwether trial in the federal opioid litigation, rejecting the State of Ohio’s argument that the relief sought by the plaintiff counties duplicates the much more expansive relief that Ohio seeks in its own lawsuits pending in state court.


6th Cir. Refuses to Disqualify Opioid MDL Judge; Bellwether Trial to Proceed as Scheduled

The 6th Circuit U.S. Court of Appeals has refused to disqualify the Ohio federal judge overseeing the opioid multidistrict litigation, rejecting the defendant drug makers’ argument that his statements concerning a personal objective to abate the opioid crisis via settlements is evidence of partiality.


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