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

Multi-Plaintiff Essure Case Remanded for Lack of Federal Jurisdiction

A Pennsylvania federal judge has remanded a multi-plaintiff Essure case for lack of federal jurisdiction, finding there is no actual dispute about the interpretation of federal law.

9th Cir. Reinstates 3rd Party Payor’s RICO Claims Against Takeda in Actos Case

A federal appeals court has reinstated Racketeer Influenced and Corrupt Organization Act claims accusing the maker of Actos of failing to warn prescribing doctors of a link between type 2 diabetes drug Actos and bladder cancer.

Class Action Alleging Link Between Allergan Biocell Implants and Rare Cancer Filed in Mich. Federal Court

DETROIT — Women who allege they developed symptoms of a rare immune system cancer after being implanted with Allergan’s BIOCELL line of textured breast implants have filed a class action seeking compensation for surgery to remove their implants, medical monitoring, and other medical expenses.

3rd Cir. Reinstates Zimmer Hip Case, Says Jury Must Decide Timeliness Issue

A federal appeals court has reinstated a Pennsylvania woman’s lawsuit alleging injuries caused by Zimmer Inc.’s Kinectiv Technology hip implant system with a VerSys femoral head, ruling that a jury must decide whether her claims are timely.

Zantac Defendants Support Efforts to Create MDL Docket; Agree with District of New Jersey as Destination

Defendants named in Zantac personal injury lawsuits have supported recent plaintiff efforts to create a multidistrict litigation docket for the growing number of cases, agreeing with the petitioner’s suggestion that the cases be centralized in the District of New Jersey.

Breast Implant Plaintiff Opposes Proposed Location for MDL Docket; JPML Set to Hear Arguments Today

A plaintiff with claims pending against Allergan for its Biocell textured breast implants has opposed the suggested location of the proposed multidistrict litigation docket, arguing instead that the Southern District of Florida is the “best venue choice, because its docket conditions are much more favorable than those of the other districts under consideration.”

C-8 MDL Court Awards Plaintiffs Summary Judgment on Application of Collateral Estoppel to Certain Issues

The federal court overseeing the multidistrict litigation docket for C-8 personal injury claims has awarded plaintiffs summary judgment on the application of collateral estoppel to certain issues, saying the move was justified given, in part, that DuPont settled the only remaining bellwether cases, therefore leaving no bellwether cases unresolved.

Judge Refuses to Certify BHR Hip Preemption Ruling for Interlocutory Appeal

A Maryland federal judge has denied Smith & Nephew Inc.’s request to make appealable a ruling that claims relating to the “hybrid” Birmingham Hip Resurfacing-THA and R3-THA hip replacement systems and components are not preempted.

3rd Cir. Remands Thousands of Fosamax Cases to N.J. Federal Court

The 3rd Circuit U.S. Court of Appeals has remanded thousands of Fosamax cases to New Jersey federal court for a determination as to whether federal law preempts the plaintiffs’ claims.

722 Cases Pending on Smith & Nephew BHR Hip MDL Docket

According to a recent court filing by Smith & Nephew Inc., there are 722 total active cases pending on the Birmingham Hip Resurfacing multidistrict litigation docket in Maryland federal court.

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