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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 #36, February 2020

FDA Says Weight Loss Drug Belviq Should Be Withdrawn Due to Cancer Risk

The Food and Drug Administration has asked the makers of Belviq (lorcaserin) to withdraw the weight loss drug from the market, explaining that a safety clinical trial shows an increased occurrence of cancer.


Heightened Pleading Standard Does Not Apply to DTPA Fraud Claims, Wis. High Court Rules

In a ruling of first impression, the Wisconsin Supreme Court has held that the statutory heightened pleading standard for fraud claims does not apply to claims made under the state Deceptive Trade Practices Act’s prohibition of fraudulent misrepresentations.


JPML Transfers 22 Opioid Actions to MDL Docket in Ohio

The Judicial Panel on Multidistrict Litigation has transferred 22 opioid actions to the federal multidistrict litigation docket over some plaintiffs’ objections, finding the cases involve common questions of fact with previously transferred cases.


JPML Creates Docket for Zantac Personal Injury Cases in Florida Federal Court

The U.S. Judicial Panel on Multidistrict Litigation has transferred all Zantac personal injury lawsuits to the U.S. District Court for the Southern District of Florida for coordinated or consolidated pretrial proceedings pursuant to 28 U.S.C. § 1407.


Cherokee Nation, San Francisco Opioid Cases Remanded to Okla., Calif. Federal Courts

A federal panel has sent two opioid cases brought by Cherokee Nation and San Francisco claimants to federal courts in Oklahoma and California, agreeing with the MDL judge that the litigation will be expedited by the strategic remand of those cases.


HarrisMartin: JPML Rejects Efforts to Create Sex Trafficking MDL Docket, Says Cases Too Individualized

The U.S. Judicial Panel on Multidistrict Litigation has opted not to create a multidistrict litigation docket for claims relating to sex trafficking, saying “unique issues concerning each plaintiff’s sex trafficking allegations predominate in these actions.”


728 Active Cases Pending on BHR Hip MDL Docket

According to a recent court filing by Smith & Nephew Inc., there are 737 total active cases pending on the Birmingham Hip Resurfacing multidistrict litigation docket in Maryland federal court.


9,481 Cases Pending on DePuy Pinnacle Hip MDL Docket, Filing Says

As of Jan. 7, there are 9,481 product liability cases pending on the DePuy Pinnacle Hip Implant Products Liability Multidistrict Litigation docket pending in Dallas, according to a recent filing.


Public Nuisance Claims to Proceed Against Pharmacies in Opioid MDL

An Ohio federal judge has allowed claims of public nuisance and civil conspiracy claims to proceed against five pharmacy defendants in the opioid multidistrict litigation, finding there is a question of fact as to whether they failed to maintain effective controls against diversion.


Volkswagen Moves for Summary Judgment in ‘Clean Diesel’ Case Set for Feb. Trial

Volkswagen has moved for summary judgment on claims for breach of the implied warranty of merchantability in a case set for trial in the “clean diesel” multidistrict litigation, arguing that plaintiffs failed to show that their vehicles are unfit for driving.


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