OUR POSTS
Litigation Update: Roundup Settlement?
Last week Bloomberg broke the news that Bayer had made a settlement proposal to resolve more than 18,000 Roundup lawsuits. Citing those close to the ongoing negotiations, Bloomberg reported the proposal was between $6 and $8 billion. Later that week, mediator Ken Feinberg, who was appointed by Judge Chhabria, issued a statement that the report […]
Litigation Update: JUUL
JUUL Labs, Inc. recently filed a motion with the Joint Panel on Multidistrict Litigation (the “JPML”) to transfer cases against it for consolidated pretrial proceedings and further requested that the MDL be assigned to the Northern District of California. Juul is based in San Francisco. Reply briefs are due later this month and the motion […]
Learning from the Past
In a recent blog post we discussed a little of the history of mass tort litigation. In that blog we pointed out that recent cases concerning 3M earplugs, the Juul e-cigarette and Roundup, while not typical drug and device cases, are a natural evolution of mass tort litigation. What can the plaintiffs’ bar learn from […]
The Changing Nature of Mass Torts
Regarded by many as the original mass tort, asbestos litigation made front-page headlines in the late 1970s and early 80s, with estimates for the eventual cost of asbestos litigation in the hundreds of billions of dollars. Tobacco was another early litigation where lawyers sought justice for thousands of injured people. Many of the leading firms in […]
Litigation Update: Hernia Mesh
The hernia mesh litigation is one of the most significant current mass tort matters, involving several defendants and many thousands of claimants. Hernia mesh litigation is the subject of several MDLs and also coordinated state proceedings. With Bard controlling approximately 70% of the hernia mesh implant market, MDL 2846 In Re: Davol, Inc./C.R. Bard, Inc., […]
Litigation Update: JUUL
We all know smoking is bad for your health and the good news is that adult smoking rates in the United States have declined from a high of 45% in the 1950s to the current rate of approximately 15%. But, in its place we have seen the rapid rise of vaping, led principally by the […]
Promoting Employee Engagement in the Summer
Summertime means enjoying some down time for many employees—and less time thinking about work. Warm sunny days may make it difficult to focus on work when getaway spots beckon (as do kids home from school). One study revealed that workplace productivity drops 20% and projects take 13% longer to complete during the summer. Other studies […]
2019 Midyear Update: Mass Tort and Class Action Litigation Outlook
At the start of the year, we noted significant cases to watch in 2019.Here is a look at where some of that litigation stands at the midyear point, as well as other mass tort litigations that are now evolving and taking shape. 3M Combat Arms™ Earplugs. This is the biggest mass tort litigation news this […]
Litigation Update: Progress of Opioid Lawsuits
National Prescription Opiate Litigation – MDL 2804 At a hearing on June 25 held at the U.S. District Court for the Northern District of Ohio in Cleveland, Judge Polster, in response to concerns raised by distributors, pharmacies and state attorneys general, refrained from ruling on the plaintiffs’ attorneys’ motion to create a “negotiating class”, indicating […]
Litigation Update: Comprehensive Settlement Proposed in Opioid MDL
On June 14, attorneys representing local governments and communities met in Ohio and presented a proposed framework for a comprehensive nationwide settlement of the opioid crisis. Representing hundreds of counties, towns and municipalities, their goal is for impacted local communities to settle with the drug companies as a single “negotiating class” and effect a nationwide […]
Using Analytics Dashboards to Improve MDL Settlement Evaluation and Negotiations
The situation: A representative from the executive steering committee for an MDL involving a surgically implanted medical device needed to uniformly and efficiently evaluate and score data provided by myriad law firms. These firms represented a very large number of claimants and the data on the claims was needed to assess offers received from the […]
Litigation Update: Johnson & Johnson and Colgate-Palmolive Talc Trials
A state court jury in California found Johnson and Johnson (J&J) and Colgate-Palmolive Co. liable for a California woman’s mesothelioma as a result of her exposure to asbestos in both J&J’s and Colgate-Palmolive’s Cashmere Bouquet talcum powder products. Plaintiff Patricia Schmitz, a 61-year old retired teacher, was awarded $12 million by the Alameda County jury […]
Litigation Update: Status of Opioid Lawsuits
Oklahoma On May 26, days before the company was scheduled to start trial, the world’s largest generic drug manufacturer Teva Pharmaceuticals agreed to an $85 million settlement with the state of Oklahoma. The Oklahoma lawsuit had accused Teva of fueling the state’s opioid crisis with its deceptive marketing and production of both generic and branded […]
How Data Analytics Enhances the Power of the Plaintiff’s Attorney in Mass Torts
Mass tort litigation is highly complex, with unique considerations to be taken into account when determining case-relevant data, creating applicable predictive models, and negotiating and determining settlement amounts. In fact, the crux of the role of data in managing a mass tort is perhaps most about helping the legal team make better decisions. Here are […]
Litigation Update: Xarelto®
An important deadline in the Xarelto® MDL is rapidly approaching. In Case Management Order No. 10 issued on March 25, 2019 Judge Fallon set out the supplemental information requirements for cases to be produced within 75 days of the date of the order. This information includes the date of the injured person’s first use of […]
Litigation Update: Leadership Decided for 3M Combat Arms™ Earplugs MDL
On May 22nd Judge M. Casey Rodgers issued Pretrial Order No. 7 naming the leadership for the plaintiffs in the 3M Combat Arms™ Earplugs MDL. Selection was made from among 190 applicants. Bryan Aylstock was named Lead Counsel, supported by Shelley Hutson and Chris Seeger as Co-Lead Counsel. Brian Barr and Michael Burns were named […]
Litigation Update: Johnson & Johnson Talc Trials
Last week, two talc cases against Johnson & Johnson came to a close with very different results. Johnson & Johnson has been under fire recently with lawsuits stating their talc products, which includes their baby powder and Shower to Shower products, contain asbestos. In New York, a woman filed suit against J&J because she believed […]
Litigation Update: Leadership Selection for the 3M Combat Arms™ Earplugs MDL Begins
By the close of business this past Friday scores of lawyers from around the country had submitted their applications for leadership in the 3M earplugs litigation. In Pretrial Order No. 4 Judge M. Casey Rodgers set out her process for selecting those who will fill the leadership positions in this important and complex litigation. Applications […]
Can Common Benefit Fee Disputes be Avoided?
Recent headlines involving disputes over distribution of the common benefit fund in the pelvic mesh MDL highlight a recurring issue in mass tort litigation. Too often fights erupt when it comes time to distribute common benefit fees, and these fights spill out into public view to the benefit of no one. While the lawyers who […]
Verus Offers Insights About 3M Combat Arms Earplugs and Ramifications for Mass Tort Lawsuit
Princeton, NJ (April 29, 2019) — When the Judicial Panel on Multidistrict Litigation (JPML) met on March 28, 2019, to consider consolidation of the claims in the 3M Combat Arms™ Earplugs (CAEv2) lawsuits, the prevailing thought among attorneys and other legal experts was that the JPML would establish a multidistrict litigation for the increasing number […]
Data Analysis Vital for Purdue Pharma Opioid Lawsuits
The Sackler family is now sending signals that they are interested in a global settlement of the more than 2,000 opioid lawsuits pending against Purdue Pharma as a way to “to get the monies to the communities that need them”. The states and municipalities who brought these lawsuits should be asking themselves what remains to […]
MTMP At A Glance
The Mass Torts Made Perfect conference at the Wynn in Las Vegas was one of the best events we’ve attended recently. The energy was palpable and attendance was the highest ever, according to Sharon Booth of Levin Papantonio, organizer of the conference. The Wednesday Business of Law sessions covered topics ranging from marketing and financing […]
Considerations in the 3M Military Earplug Lawsuits
As noted in a previous post about this matter, the Judicial Panel on Multidistrict Litigation (JPML) met on March 28 to consider consolidation of the nationwide claims in the 3M Combat Arms™ Earplugs (CAEv2) lawsuits. The Panel has announced the cases will be sent to the Northern District of Florida before Judge M. Casey Rodgers. […]
The Top 10 Human Resource Issues that Affect Law Firms
Human Resources is an invaluable asset to every business, and law firms are no exception. This specialized field requires professional expertise and experience. Although most law firms deal with a diversity of clients on a daily basis, many managing partners do not recognize the importance of having an HR professional on the team serving those […]
The Value of Litigation Support Service Providers to Mass Tort Law Firms
Mass tort law firms deal with large plaintiff pools and even larger settlement funds. The right litigation support service provider (LSSP) can offer meaningful value to these firms by bringing transparency, efficiency, and independence to the process of managing caseloads and settlement distributions. Here are a few key benefits of engaging an LSSP for support […]
Litigation Update: Xarelto Settlement
Earlier this week it was announced that the makers of Xarelto® had agreed to pay $775 million to settle approximately 25,000 claims. Bayer Healthcare and Janssen Pharmaceuticals, a division of Johnson & Johnson, agreed to the settlement to resolve substantially all cases concerning Xarelto in both state and federal court. The settlement comes more than […]
Litigation Update: Roundup
Verdict: On March 27th, the jury returned an $80 million verdict, which included $75 million in punitive damages for Mr. Hardeman. A significant milestone was reached last week in the Roundup® litigation with the unanimous jury verdict in favor of Edwin Hardeman in the first part of his trial. The jury unanimously found in favor […]
Six Vital Cybersecurity Measures for Law Professionals
Law firms are stewards of their client’s sensitive data such as Social Security numbers, financial information, medical and other private data. It is crucial that you take proper cybersecurity measures to protect this sensitive data. After all, it takes only one breach for your firm to suffer a severe impact to your reputation and erode […]
Developing Litigation: 3M Combat Arms Earplugs
Among the issues that the Judicial Panel on Multidistrict Litigation is considering at their meeting on March 28th is whether to establish an MDL for the increasing number of cases against Minnesota-based 3M Company® for their Combat Arms™ Earplugs. The Combat Arms Earplugs (CAEv2) were issued to military service members from 2003 to 2015 for […]
The Use of Analytics in Settlements of Complex Litigation
The Benefits of Outsourcing Medical Record Reviews
When dealing with litigation that requires examining hundreds or even thousands of medical records, mass tort law firms are faced with two options. The first is that firms can choose to review medical records in-house, with their own team. This can be a time-consuming and expensive process which requires a law firm to invest thousands […]
Mass Tort and Class Action Outlook for 2019
In mass tort and class action litigation, 2018 saw several high-dollar verdicts, multiple significant settlements, and ongoing litigation regarding faulty consumer products and dangerous drugs and medical devices. In 2019, we foresee much of this drug and medical device litigation continuing, along with the evolution of cases involving data breaches and toxic environmental torts. We […]
How Data Analytics Can Help Identify Trends in Mass Tort Claims
Data science techniques enable us to tell powerful stories regarding mass tort claimants. But given the proliferation of data everywhere, quality analysis is critical in mass tort cases and claims adjudication. Data scientists must collect and use the right data and employ the right tools to visualize and interpolate that data to reveal actionable insights. […]
Six Facts to Keep in Mind when Shopping for a Case Management Platform
Good case management software needs to meet several core criteria to be the valuable tool lawyers need to manage and grow their practices – especially when dealing with mass torts. Here are 6 key factors to consider: Intuitive and easy to use. The platform should require a short learning curve and features should be customized […]
What Mass Torts Lawyers Can Learn from Asbestos Law Suits About Data Analytics
Verus’ New Interdisciplinary Team Model Helps Us Improve Processes and Client Service
What to Expect from Your Claims Administrator
Helping to Treat Addiction Through Advocacy and a Coordinated Strategy
Life expectancy in the United States has declined for the second year in a row according to the latest study from the Center for Disease Control. When this news broke last year it hit like a bombshell and then was forgotten by most. While two data points do not make a trend, there are some […]
The Use of Analytics in the Art of Negotiating Claims
The art of negotiating claim settlements in complex medical and exposure-related cases has been discussed by many parties in the Insurance and legal communities over many years. My experience in handling and negotiating asbestos claims on behalf of over 50 defendants for over 20 years in both state and federal courts has allowed me to […]