OUR POSTS
Litigation Update: Pharmacies Seek to Disqualify Federal Judge in Opioid MDL
On June 30, several major pharmacy chains, including CVS Health Corp., Walmart Inc., Rite-Aid Corp. and Walgreen Co. asked the Sixth Circuit to disqualify the judge overseeing the sprawling opioid litigation, Ohio U.S. District Judge Dan Aaron Polster, accusing him of bias. In April, Judge Polster scheduled a new bellwether trial shortly after issues involving […]
Litigation Update: Juul MDL Developments
On June 29, 2020, the defendants Juul Labs, Inc. and Altria Group, Inc. filed motions to dismiss the class action complaint filed in the federal multi-district litigation against three non-management director defendants, arguing the plaintiffs failed to prove that the non-management directors participated in any fraudulent business practices, that the claims are pre-empted by federal […]
Litigation Update: Adverse Findings for Pharma Giant Johnson & Johnson in Two Talc Cases
On June 23, in a unanimous decision, a three-judge panel of the Missouri Court of Appeals for the Eastern District reduced the damages awarded by the jury in a 2018 trial that linked Johnson & Johnson talc products to cancer, by more than half from $4.7 billion to $2.12 billion, even as it upheld the […]
Litigation Update: Bayer Reaches Settlement in Roundup Cases
On Wednesday, Bayer announced that it had reached an agreement to settle most of the 125,000 claims involving its Roundup herbicide which has been linked to cancer. The settlement is estimated to be at least $10.1 billion and will resolve most of the current Roundup litigation filed in both the federal multidistrict litigation (MDL) and […]
Litigation Update: Missouri State Court Cuts Johnson & Johnson Talc Damages Award in Half but Upholds Verdict
On June 23, in a unanimous decision, a three-judge panel of the Missouri Court of Appeals for the Eastern District reduced the damages awarded by the jury in a 2018 trial that linked Johnson & Johnson talc products to cancer, by more than half from $4.7 billion to $2.12 billion, even as it upheld the […]
Litigation Update: Claims Notices Filed Over COVID-19 Infections in NJ Veterans’ Homes
As the COVID-19 outbreaks impacted nursing homes and long term care facilities across the country, state-run veterans’ homes were among the hardest hit. In New Jersey, two locations in particular stand out – Menlo Park and Paramus. As of June 23, there were 378 confirmed cases and 143 deaths in these two facilities. The staff […]
2020 Mid Year Update: Mass Tort and Class Action Litigation Outlook
While many courtrooms across the country were closed in response to the COVID-19 pandemic, there are several mass torts that continued making significant progress despite the legal hiatus. Two of these were cited in our 2020 forecast: JUUL The JUUL MDL (Northern District of California) has continued to move forward since the end of 2019. […]
Litigation Update: NJ Supreme Court Decision Rules on Duty to Warn for Replacement Parts
In a 5-2 split decision, the New Jersey Supreme Court ruled on June 3, that manufacturers and distributors can be held liable for failing to warn of the risks of asbestos-containing replacement components even if they did not build or sell them. In the 43-page majority opinion, Justice Barr T. Albin wrote: “Our developing common […]
Litigation Update: Talc Lawsuits Developments for Chanel, L’Oreal and Imerys
In the wake of lawsuits filed against Chanel and other manufacturers and sellers, linking cancer to their talc products, the company, along with cosmetic giants Revlon and L’Oreal are considering alternatives to talc in some of their products. Chanel has removed talc from a loose face powder and discontinued its talc body powder. Revlon has […]
Litigation Update: Bayer Appeals Continue
On June 2, a California court heard oral argument in the appeal filed by Monsanto involving the August, 2018 multi-million dollar verdict in a case brought against them and its parent company, Bayer AG. The case was filed by Dewayne Johnson, a groundskeeper suffering from non-Hodgkin’s lymphoma, who successfully argued that his cancer was caused […]
Litigation Update: Elmiron Linked to Serious Eye Injuries
Elmiron [Pentosan Polysulfate Sodium (PPS)] is a drug developed in 1996 by Johnson & Johnson’s subsidiary, Janssen Pharmaceuticals to treat interstitial cystitis, bladder pain and osteoarthritis. The drug has been linked to serious eye injuries including pigmentary and retinal maculopathy and macular degeneration. Interstitial cystitis is a disease that causes severe bladder pain and urinary […]
Litigation Update: Boy Scouts of America Bankruptcy Proceedings Accelerate
A general bar date has been set for filing claims in the Chapter 11 bankruptcy proceedings involving the Boy Scouts of America. In a telephonic hearing held on May 18, Judge Laurie Selber Silverstein of the U.S. Bankruptcy Court for the District of Delaware established a filing deadline of November 16, 2020 and provided a […]
Data Tells Many Stories Behind the COVID-19 Impact on Nursing Homes
Data Analysis by: Robert Koehl, Verus’ Analytics Manager and Jose Thomas, Verus’ Senior Statistician The news is filled every day with pandemic-related statistics: number of new cases, number of deaths, number of recoveries and so on. But what’s the real story behind the data? Data concerning nursing home cases can be used to bring serious […]
How Will J&J’s Move to Discontinue Baby Powder Sales Impact Its Ongoing Talc Litigation Now?
On May 19, 2020, Johnson & Johnson announced it is discontinuing North American sales of its talc-based baby powder, a product it has defended for decades in the face of lawsuits filed by consumers who say it caused cancer. This move likely would not have happened without the public attention drawn to individuals who have […]
Litigation Update: J&J to Discontinue Sales of Baby Powder in North America
Even as the company continues to defend the safety of its flagship product, pharmaceutical giant Johnson & Johnson announced on Tuesday that it would discontinue selling its talc-based baby powder product in the U.S. Facing tens of thousands of lawsuits from women alleging their ovarian cancer was caused by asbestos contamination of J&J baby powder, […]
Litigation Update: California Appeals Court Reinstates Thousands of Risperdal Cases Against Johnson & Johnson
On May 8, the California 2nd District Court of Appeals reinstated thousands of cases pending against drug manufacturer Johnson & Johnson involving the antipsychotic drug Risperdal. The March, 2017 lower court ruling in the Risperdal and Invega Products Liability Cases had granted motions for summary judgment in favor of J&J on preemption grounds in five […]
Assessing the Potential for Successful COVID Insurance Claims
By Guest Author: Gagan Gupta Insurance Disputes Division | Paynter Law Ph: (844) 272-5435 | ggupta@paynterlaw.com Almost every state and local government across the country has entered “shelter in place” or shutdown orders in response to the COVID-19 pandemic. These orders typically require that all non-essential businesses cease operations, and even require that […]
Litigation Update: Zantac Leadership Is Selected
On Friday, May 8th, District Judge Robin Rosenberg, of the U.S. District Court for the Southern District of Florida, appointed 26 lawyers to a range of leadership positions to the Zantac MDL that was transferred to Florida last February. Initially, the Judge had created an interim team to handle some special tasks given the Covid-19 […]
Litigation Update: J&J Talc Trial Continue in Missouri and New Jersey
Talc manufacturer Johnson and Johnson recently found itself in courtrooms in both New Jersey and Missouri battling in cases filed by plaintiffs who claim that the company’s talc products contained asbestos and caused their ovarian cancers. Missouri On April 24, the manufacturer appeared before the Missouri Court of Appeals for the Eastern District, arguing to […]
Four Reasons for Mass Tort Law Firms to Engage an Outsourced Services Provider
Perhaps your law firm had been considering engaging a third-party services provider—and then the COVID-19 crisis hit. Many firms have furloughed or terminated staff, have teams working remotely, and are struggling to figure out how to make the new normal as efficient as possible. While the nation deals with the challenges around the coronavirus, finding […]
Litigation Update: Johnson & Johnson Files Motion for a New Punitive Damages Trial
In February, after a massive punitive damages verdict, Johnson and Johnson filed a motion seeking a new trial on the issue of the award as well as motions asking for judgment notwithstanding the verdict and remittitur. In its filings, J&J claimed that the plaintiffs’ subpoenaing of the company chief executive, Alex Gorsky, was inappropriate, causing […]
As Reported Cases of COVID-19 Near 750,000, the United States Sees First Employee Lawsuit Filed for COVID-19-Related Death
By Guest Author: Mark S. Heinzelman Associate, Environmental Law & Litigation | Lowenstein Sandler PC Ph: 973.422.2946 | mheinzelmann@lowenstein.com COVID-19 is at this point ubiquitous, affecting our daily lives in myriad ways. But it has not altered our continuing need to work and generate income. Many of us have reconciled that need by adopting […]
Litigation Update: Pharmacies’ Petition to Overturn Untimely Dispensing Allegations Granted in the Opioid MDL
On April 15, the U.S. Court of Appeals for the Sixth Circuit unanimously granted the writ of mandamus filed by several major pharmacy chains, finding that U.S. District Judge Dan Polster of the Northern District of Ohio, who is presiding over the 2,600 case MDL, improperly allowed dispensing allegations to be added to the complaints […]
Litigation Update: Zantac MDL Procedures Are Announced
On April 1, 2020, the FDA requested the recall of all ranitidine heartburn medication products (commonly known by the brand name Zantac) because of the risks posed by NDMA contamination in some samples tested. Last week, Judge Robin L. Rosenberg, who is presiding over the MDL involving this drug currently venued in the U.S. District […]
Litigation Update: Opioid Trial Postponed Indefinitely
The trial in the lawsuit filed by New York State Attorney General Letitia James against a number of major drug companies including Endo Pharmaceuticals, Teva Pharmaceuticals, Allergan Inc., McKesson Corp., Cardinal Health Inc., AmerisourceBergen Drug Corp., Rochester Drug Cooperative Inc. and divisions of Johnson & Johnson has been postponed indefinitely due to the ongoing Coronavirus […]
Litigation Update: FDA Orders for an Immediate Removal of Zantac from the Market
On April 1st, the FDA announced a global halt of the heartburn medication ranitidine, sold under the brand name of Zantac. This follows an initial warning back in September 2019, when low levels of a toxic compound and probable human carcinogen, NDMA (N-nitrosodimethylamine), were found in the medication. The decision by the FDA to remove […]
Litigation Update: Impact of Coronavirus on Court Closings
The novel coronavirus pandemic continues to impact courts across the country and force the postponements of several key jury trials: Missouri The Missouri Supreme Court has cancelled all in-person arguments for the month of April; nevertheless, the Missouri Eastern District Court of Appeals in St. Louis has set a date of 4/24 for Johnson and […]
Litigation Update: Roundup Advertising Class Action Settled for $39.5 Million
On March 23, Bayer AG – on behalf of its Monsanto unit – agreed to pay $39.5 million to settle claims that it ran misleading ads for its controversial weed killer, Roundup. The lead plaintiff in the proposed class filed in the USDC for the Western District of Missouri, Lisa Jones, alleged in her February […]
Litigation Update: Date Is Set for Johnson & Johnson’s Appeal
Despite the fact that the Missouri Supreme Court canceled all in-person arguments in April as a result of the Coronavirus crisis, the Missouri Eastern District Court of Appeals in St. Louis has set a date of April 24 for Johnson and Johnson’s appeal of the record-setting $4.69 billion verdict against the company in July 2018. […]
Law Firms’ Communication During the COVID-19 Crisis
A crisis like the current Covid-19 pandemic is fertile ground for misinformation and communication missteps. Right now, with so many firms’ offices closed and staff members working remotely, there are some important communication best practices to follow to keep employees informed, ease concerns, build trust, and keep business moving forward. Of vital importance for mass […]
Useful Tips for Setting Up a Remote Workforce
I hope you are all doing as well as possible during these trying times. We thought it might be helpful to share Verus’ experience with a remote workforce as it has become a necessity for a business in the times of social distancing. After being affected by powerful hurricane Sandy in 2012 and subsequent powerful […]
Join Our Verus for Kids Weekly Activities!
To help parents keep children entertained and away from TV while working remotely, we are inviting all kids to participate in Verus for Kids, a weekly activity for children to showcase their talents and compete for a prize. The weekly challenge will change each week to keep children engaged. Thank you to all the participants […]
Litigation Update: New Warnings to be Added to Cigarette Packages and Advertisements
On Tuesday, March 18th, the FDA released a new set of 11 mandatory graphic warnings to be added to cigarette boxes and advertisements. The FDA stated that smokers have become indifferent to the current warnings and are not aware of some major risks that are well connected to smoking, such as bladder cancer, neck cancer, […]
COVID-19 Resource For Law Firms
For law firms in need of information on how to continue working during the current pandemic situation, we are gathering resources and tips on this forum with the goal of providing support. If you have questions OR additional information you can share with colleagues such as trial postponements, legal developments or best practices that are […]
Litigation Update: Clubman Talc Lawsuit
In a case currently being tried against personal products company American International Industries (AII) in New Jersey Superior Court, a microscopy expert took the stand to testify that the mines in Italy and Montana from which Clubman talcum powder is sourced contain asbestos fibers. Steven Compton, an electron microscopy expert, testified that eight out of […]
What Law Firms Can Do to Protect Employees from Discrimination
Employers are responsible for protecting staff from a variety of risks that impact their well-being. In addition to creating policies and platforms that safeguard employees from physical threats, organizations need to proactively institute programs that target often unseen hazards like workplace discrimination. Discrimination is loosely defined as treating a person or group less favorably than […]
Litigation Update: Verdict in PFA Case
The juries in two separate cases pending against DuPont in the U.S. District Court in Columbus, OH came to different conclusions last week. Both cases were brought by plaintiffs who alleged that their cancers were caused by drinking water contaminated with per- and polyfluoroalkyl chemicals that leaked from DuPont’s Washington Works plant in Parkersburg, WV; […]
Litigation Update: Singulair Required to Add Black Box Warning
The FDA announced on Wednesday, March 4th, that Montelukast, an allergy medication sold under the brand name Singulair, will be required to include a boxed warning. The label was last updated in 2008 after a number of events involving suicide or serious psychiatric issues, required the manufacturer to disclose risks associated with the medication including […]
Five Strategies Law Firms Can Implement to Increase Firm Diversity
The case for building a culturally diverse workforce is stronger than ever. Adherence to legislation under the Equal Opportunity Employment Commission, in addition to value-driven initiatives such as best practices, have prompted firms to embrace inclusion and diversity. Despite these efforts, statistics indicate that even in today’s culturally sensitive landscape ethnic minorities are often underrepresented […]
Litigation Update: West Virginia Reaches Opioid Settlement
State and local governments in West Virginia are poised to put an end to most of the ongoing litigation stemming from the decades-long opioid crisis that has been linked to over 430,000 deaths across the country since 2000. The $1.25 billion deal was crafted in Charleston last week between 250 attorneys and companies from all […]
Litigation Update: First Jury Verdict in Florida for J&J
On Thursday, February 27th, a jury verdict was delivered against J&J that awards Blanca Mure-Cabrera with $3 million for past medical expenses and $6 million for past and future pain and suffering. A lifetime user of J&J baby powder, the plaintiff claimed the product contributed to the development of her mesothelioma. The jury found J&J […]
Leadership Chosen for JUUL Cases Consolidated in California State Court
On February 19, Los Angeles Superior Court Judge Ann Jones, who has been selected to preside over the consolidated California state court lawsuits against JUUL Labs, appointed a number of attorneys to lead the litigation against the San Francisco-based manufacturer. The team of lawyers will oversee the nearly 100 lawsuits that have been filed in […]
Litigation Update: The Latest Developments in J&J and Revlon Talcum Lawsuits
A month after settling a case at mid-trial in Alameda County, California, J&J put an end to a NY trial on February 25th, where plaintiff Laura Shanahan accused J&J’s baby powder of causing her pleural mesothelioma. The jury was relieved of their duties before they got a chance to hear the case. The amount of […]
Litigation Update: $1.6B Opioid Global Settlement Reached with Drug Manufacturer
A proposed settlement has been reached with generic drug manufacturer Mallinckrodt Pharmaceuticals, in which the company will pay $1.6 billion to settle thousands of lawsuits filed in the Cleveland MDL as well as by 47 state and U.S. territory attorneys general as part of their role in the rampant opioid crisis. The settlement will put […]
Litigation Update: Opioid MDL “Negotiation Class”
On Friday, February 7, arguments were underway in the 6th Circuit Court of Appeals as drug distributors and municipalities sought to overturn a federal district judge’s certification of a ”negotiation class” tasked with achieving a global settlement between the pharmaceutical companies and the 30,000 cities and counties in the United States affected by the widespread […]
FDA Public Hearings Held on Asbestos Testing for Talc Products and Cosmetics
On February 4, for the first time in almost fifty years, the FDA held a hearing examining the standards used for testing talc-containing products for asbestos and other potentially harmful contaminants. In response to recent reports that asbestos had been found in several talc-containing products, including a bottle of Johnson & Johnson’s Baby Powder, the […]
Litigation Upate: Zantac Lawsuits Head to Southern Florida
On February 6th, the JPML released an order that will send over 140 lawsuits involving injuries caused by the heartburn medication Zantac to the Southern District of Florida. The judge assigned to preside over the consolidated cases, The Honorable Robin L. Rosenberg, will have the opportunity to oversee her first MDL. Although other districts such […]
Litigation Update: New Jersey Jury Delivers a $186 MM Punitive Damages Verdict Against J&J
On February 6, Johnson & Johnson was ordered by a New Jersey jury to pay $750 MM in punitive damages to four plaintiffs suffering from mesothelioma as a result of their use of J&J’s asbestos-contaminated baby powder; the parties had previously been awarded $37.3 MM in compensatory damages after a two-month long trial before a […]
The Potential Hazard of “Forever Chemicals”
A recent study done by The Environmental Working Group (EWG) on the drinking water supplies of dozens of U.S. cities reveals that PFAS (as perfluoroalkyl and polyfluoroalkyl substances are more commonly known) are far more prevalent than previously believed. PFAS are known as “forever chemicals” because of the way they can accumulate and remain inside […]
Litigation Update: Roundup Trials Postponed
Settlement talks between the parties are ongoing as a judge in California excused 16 jurors on Friday, January 31. In an effort to avoid derailing ongoing discussions, the parties agreed to the last minute continuance in the hopes an agreement could be reached to resolve the over 42,000 pending claims that allege Monsanto’s popular weed […]
Five Ways Outsourcing Case Administration & Management Services Can Save Money for Mass Tort Firms
For many mass tort firms, case administration and management can eat up significant human and financial resources because attorneys need to spend valuable time overseeing administrative tasks that take them away from the actual litigation. Client intake, document procurement and management, and client communications are all very time-consuming key processes, and typically involve large volumes […]
Litigation Update: Roundup Settlement Talks
Settlement talks in the Roundup litigation have not yet yielded a resolution, prompting the judges in lawsuits pending in California and Missouri to forge ahead. In St. Louis last week, before opening statements were set to begin, jurors were told that the case involving four plaintiffs had been postponed indefinitely as Bayer AG and the […]
Litigation Update: Latest Talc Developments
In a January 13 decision, New Jersey Superior Court Judge Ana C. Viscomi ruled that Johnson & Johnson CEO Alex Gorsky must take the stand in the punitive damages phase of the trial, which began on January 14 and will determine whether J&J acted “maliciously or in wanton and willful disregard of the plaintiff’s rights”. […]
Litigation Update: Latest Developments in Essure Litigation
Almost a year after Bayer stopped selling Essure, the company has reported that 99% of the unused birth control devices have been returned due to its outreach to patients and health care professionals. Bayer maintains that the reason it took Essure off the market in the U.S. was the 70% drop in sales the company […]
Litigation Update: Potential End to Viagra MDL
U.S. District Judge Richard Seeborg of the Northern District of California, who is presiding over the Viagra MDL, has ruled that the plaintiffs’ causation experts must be excluded. In an Order filed on January 13, Judge Seeborg pointed out that the plaintiffs had been unable to find any experts other than their own to support […]
FDA Schedules Asbestos Public Forum
On January 9th, only a few days after J&J’s California case settled, the FDA announced that it will hold a day-long public forum to gather information and discuss the testing procedures for detecting asbestos in talc-based cosmetics. The meeting is scheduled to take place on February 4th at FDA’s White Oak Campus in Silver Spring, […]
Litigation Update: J&J Settles California Talc Lawsuit Mid-Trial
In an unusual move for the company, Johnson & Johnson has settled the latest case brought against it for asbestos-contaminated talc in the middle of the trial. The plaintiff in the lawsuit, Linda O’Hagan, alleged that asbestos in J&J’s baby powder caused her mesothelioma. (Linda O’Hagan et al. v. Johnson & Johnson et al., case […]
Litigation Update: Ban to Several E-Cigarette Flavors is Announced
On January 2nd, the Trump administration announced a plan to ban several e-cigarette pods flavors with the exemption of menthol and tobacco flavors and other devices for flavored liquid nicotine. The intention of this partial ban is to take off the market the key flavors that purportedly appeal to youth the most, and thus help […]
Litigation Update: Risperdal Trials
A recent ruling by the Supreme Court of Pennsylvania regarding the Risperdal trials has quickly changed the course of the litigation. Risperdal, a drug manufactured by Janssen (a subsidiary of Johnson & Johnson), has been prescribed for years by doctors to treat schizophrenia and bipolar disorder. The drug was approved by the FDA in 1993 […]
Litigation Update: JUUL Leadership Appointed
On December 20th, Judge Orrick, appointed plaintiff leadership for the JUUL MDL pending in the United States District Court for the Northern District of California. Appointed as Co-Lead Counsel were Sarah London (Lieff Cabraser), Dean Kawamoto (Keller Rohrback), Ellen Relkin (Weitz & Luxenberg) and Dena Sharp (Girard Sharp). Khaldoun Baghdadi (Walkup Melodia) and Leslie LaMacchia […]
Mass Tort and Class Action Outlook for 2020
The field of mass torts continues to evolve and 2020 will be no exception. One trend we are seeing in mass torts concerns the extension of the statute of limitations, noted in several areas below, in our 2020 mass tort outlook. 3M Combat Arms Earplugs In late August 2019, defense and plaintiff firms entered into […]
Litigation Update: Allergan Breast Implant MDL Sent to New Jersey
The JPML has created an MDL for Allergan Biocell® Textured Breast Implant products and sent the cases to U.S. District Judge Brian Martinotti of the District of New Jersey for consolidated or coordinated pretrial proceedings. The New Jersey District selection by the Panel was strongly supported by Allergan, whose U.S. headquarters are in Madison, NJ, […]
Applying Data Analytics to Mass Torts | Part 2: How Data Improves Process
In our prior post, we shared how data analytics can help mass tort law firms develop wider claimant pools—either from overlooked populations or by identifying potential claimants in new cases. Using data can also help reduce outreach costs by providing efficiencies in terms of more clearly pinpointing and reaching more injured parties along a range […]
Litigation Update: JUUL’s Latest Developments
Earlier this week the U.S. Court of Appeals for the D.C. Circuit upheld a lower court ruling that the FDA has the authority to regulate e-cigarettes as “tobacco products”. Stating that e-cigarettes are “indisputably highly addictive and pose health risks, especially to youth, that are not well understood”, the Court also upheld a ban on […]
Applying Data Analytics to Mass Torts | Part 1: Creating a Larger Claimant Pool
Data science is being applied across many industries and professional fields, including the law. In the case of mass torts, data provide valuable insights that guide mass tort attorneys’ decision-making in ways that build practices and streamline workflow. In this first of a two-part article, we’ll look at how data analytics can help mass tort […]
Increased Cancer Risk Prompts Recall of Allergan BIOCELL Textured Products
Over the past several years, there has been an increase in concerns regarding the connection between breast implants and cancer. Recent studies have shown there is a possible connection between breast implants and a type of non-Hodgkin’s lymphoma – breast implant-associated anaplastic large cell lymphoma or BIA-ALCL. This rare type of non-Hodgkin’s lymphoma has been […]
Litigation Update: Asbestos Concerns Continue for J&J’s Talc
Johnson and Johnson continues to confront claims that long-standing concerns regarding the presence of asbestos in its talc-based products were hidden or ignored by the company. In a trial against the pharmaceutical giant currently being heard in Oakland, CA, the plaintiffs, Linda and Mark O’Hagan, allege that asbestos in J&J’s signature baby powder product caused […]
From Building Materials to Bathroom Powders: How Talc Continues to Drive Asbestos Litigation
Talcum powder lawsuits say manufacturers knew their talc was contaminated by asbestos and could cause mesothelioma and ovarian cancer, but did nothing to warn consumers about this product risk. Instead, manufacturers concealed the dangers from the public. A bombshell report by Reuters news agency in late 2018 revealed that Johnson & Johnson (J&J) knew for decades […]
Litigation Update: Zantac Developments
The Judicial Panel on Multidistrict Litigation (JPML) is expected to consider creating an MDL for the Zantac litigation at its upcoming hearing in early December. Considering that Zantac (ranitidine) has been on the market for decades and was so widely-used, the number of potential claimants is expected to be significant. Contrary to the recent FDA […]
Litigation Update: JUUL Sued by NY and CA
JUUL’s legal woes continue to mount with the latest announcements that California and New York have filed suit against the e-cigarette company. On Monday, November 18th state Attorney General Xavier Becerra announced California had filed suit against JUUL for its marketing practices and failure to warn about exposure to chemicals linked to cancer, among other […]
Litigation Update: Interim JUUL Leadership Selected
Judge William H. Orrick held the Initial Status Conference for the Juul MDL on Friday, November 8th. Prior to that conference he stated that he had a “sense of urgency in moving this case forward. The allegations are very serious and raise significant public health concerns. My expectation is that all parties share this sense […]
Litigation Update: J&J Talc Recall
Late last month Johnson & Johnson announced a voluntary recall of approximately 33,000 bottles of its baby powder after the FDA reported finding chrysotile asbestos in the product. While J&J maintains that “thousands of tests over the past 40 years repeatedly confirm that our consumer talc products do not contain asbestos”, it appears that the […]
Litigation Update: JUUL News
Juul recently announced the departure of four senior executives, Chief Marketing Officer Craig Brommer, Chief Finance Officer Tim Danaher, Chief Administrative Officer Ashley Gould and Senior Vice President of Advanced Technology David Foster. In addition, Juul will be laying off approximately 500 people, or about 10% to 15% of its workforce, by the end of […]
What Firms Need to Know About Performance Appraisals
Feedback is critical to bolstering workplace morale, managing employee expectations, and establishing a company culture with a focus on high standards and peak performance. Studies have reported that performance development and assessment creates a winning environment by engaging workers in continuous communication, goal setting, and coaching. One study revealed that businesses implementing regular performance evaluations […]
Litigation Update: Opioid Settlements
In an effort to avert the landmark federal opioid trial brought by two Ohio counties and scheduled to begin on October 21, four key defendants reached a last minute $260 million settlement. Distributors Amerisource Bergen, Cardinal Health, McKesson and drug manufacturer Teva Pharmaceutical joined other defendants including Johnson & Johnson, Janssen, Mallinckrodt, Endo International, and […]
Litigation Update: IVC Filter Verdict
Earlier this week a Philadelphia jury awarded Tracy Reed-Brown over $33 million in her IVC filter case against Rex Medical LP. The award included more than $30 million in punitive damages, in addition to compensation for medical expenses and pain and suffering. Ms. Reed-Brown was implanted with an Option Retrievable Inferior Vena Cava Filter System […]
Litigation Update: JUUL Census
On October 25th Judge William Orrick issued Case Management Order No. 1 in the JUUL litigation consolidated in his court in the Northern District of California. The Order relates to an initial census, a concept also adopted by Judge M. Casey Rogers of the Northern District of Florida, who is handling the MDL relating to […]
Litigation Update: Risperdal Verdict
Last week a jury in Philadelphia hit Johnson & Johnson and its Janssen Pharmaceuticals subsidiary with an $8 billion punitive damages verdict in a Risperdal trial. Nicholas Murray’s lawsuit alleged that, after being given Risperdal in 2003 at age nine for symptoms of autism, he grew breast tissue, a condition known as gynecomastia. J&J was […]
Litigation Update: JUUL Sued by School Districts
In addition to the personal injury and class action lawsuits recently consolidated by the JPML, JUUL is now facing litigation brought by several school districts. The school districts have sued JUUL over increased costs associated with a rise in the use of e-cigarettes by their students. The suits were filed by Francis Howell School District […]
Litigation Update: Taxotere Defense Verdict
After a two-week trial in New Orleans, the jury in the first Taxotere bellwether trial delivered a defense verdict. There are approximately 11,000 claims in the multi-district litigation against manufacturer Sanofi Aventis and other defendants alleging the chemotherapy drug Taxotere (docetaxel) caused permanent alopecia. Barbara Earnest, who was diagnosed with breast cancer in 2011, underwent […]
Litigation Update: $40 Million Verdict Against Johnson & Johnson in Talc Trial
On Friday, September 27, a woman suffering from mesothelioma, a cancer linked to asbestos exposure, and her husband were awarded $40.3 million by a California jury. Nancy Cabibi, 71, was a regular user of Johnson’s Baby Powder and Shower To Shower talc products, both of which are manufactured by J&J; according to documents filed with […]
Litigation Update: J&J Settles Opioid Litigation with Two Ohio Counties
On the eve of the consolidated trial set to begin in federal court in Cleveland, Ohio later this month, Johnson & Johnson and its subsidiary Janssen Pharmaceuticals have settled with Cuyahoga and Summit Counties for $20.4 million dollars. Under the terms of the agreement J&J is to pay $10 million in cash to the counties, […]
Litigation Update: Zantac Contamination
According to a recent FDA announcement, a probable human carcinogen has been found in some ranitidine heartburn medications, including brand name Zantac, and the FDA is investigating the possible source of contamination. The substance is NDMA (N-Nitrosodimethylamine), the same contaminant that lead to recalls of blood pressure and heart failure medications such as Valsartan over […]
Litigation Update: New CEO and New Bans for JUUL
Amid an increasing number of reports of vaping-related illnesses and deaths, Juul announced that Kevin Burns has stepped down as CEO and will be replaced by K.C. Crosthwaite, a former executive at Altria, which owns a 35% stake in Juul, who has previously served as an observer to Juul Labs Board of Directors. According to […]
Litigation Update: Understanding Purdue Pharma’s Bankruptcy and Opioid Settlement
The first hearing in Purdue Pharma’s Chapter 11 bankruptcy filing was held on Tuesday September 17 before U.S. Bankruptcy Judge Robert Drain in White Plains, NY, two days after the drug maker filed for bankruptcy and just weeks before the first trial is scheduled to be held in the consolidated multidistrict opiate litigation in Cleveland, […]
Litigation Update: The Latest on Opioids
There have been a number of developments in the wake of last week’s tentative settlement of over 2,000 lawsuits filed by a number of municipal governments and states in federal court in Cleveland against a number of defendants, including Purdue Pharma and its owners, the Sackler family. Under the terms of the settlement, in addition […]
Litigation Update: 3M Latest MDL Developments
Thousands of service members and veterans have made claims related to their use of the 3M Combat Arms earplugs and leadership in the MDL is working diligently to set the stage for justice for these individuals. Recent developments have given firms involved in this litigation several issues to consider. Records from the Department of Defense […]
Litigation Update: FDA Takes Action on JUUL Labs
Every day seems to bring new developments in the Juul story, with none of them good for Juul. On September 9, the U.S. Food and Drug administration issued a warning letter to Kevin Burns, the CEO of e-cigarette manufacturer JUUL Labs, Inc., for allegedly marketing the Juul device as a “modified risk tobacco product” without […]
Litigation Update: $37.3M New Jersey Talc Verdict
Johnson & Johnson has been hit with a substantial verdict in the latest talc trial in New Jersey. Jurors awarded $37.3 million in compensatory damages to four plaintiffs, Douglas Barden, David Etheridge, D’Angela McNeill-George and Will Ronning, for their talc-related mesothelioma injuries. Punitive damages are still to be determined. The plaintiffs were represented by Moshe […]
Litigation Update: The Latest on the Opioid MDL
Just weeks before the October 21 start of the first bellwether trial, Purdue Pharma, LP and its owners, the Sackler family, have reached a tentative settlement involving over 2,000 lawsuits filed by local municipalities, states and tribes in federal court in Cleveland; the deal is valued at up to $12 billion but does not cover […]
Litigation Update: Opioid Judgment against J&J in Oklahoma
In a landmark ruling Monday afternoon, Cleveland County District Judge Thad Balkman found that corporate giant Johnson & Johnson and Janssen, its pharmaceuticals unit, had played a part in causing Oklahoma’s opioid crisis by using false and misleading marketing practices that exaggerated the benefits of their opioid painkillers Duragesic, a fentanyl patch, and Nucynta while […]
The Five Top Concerns in Dealing with a Litigation Support Service Provider
For a law firm, being entrusted with someone’s mass tort claim is a serious responsibility. If you are considering working with a litigation support service provider, you need to ensure that they take that responsibility as seriously as you do. Law firms often voice similar concerns about working with an outside provider: “The work product […]
Litigation Update: Opioid Manufacturers Reach Settlement Ahead of October Bellwether Trial
Drug manufacturers Endo International Plc and Allergan Plc have agreed to pay $15 million to two Ohio counties in an effort to avoid an upcoming trial pending in federal court in Cleveland. The two counties’ cases scheduled to proceed on October 21 were selected to comprise the first bellwether trial out of the multidistrict litigation […]
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 […]