Skip links

OUR POSTS

The Changing Nature of Mass Torts

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

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

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

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 […]

Litigation Update: Progress of Opioid Lawsuits

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

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 […]

Litigation Update: Johnson & Johnson and Colgate-Palmolive Talc Trials

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

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 […]

Litigation Update: Xarelto®

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: Johnson & Johnson Talc Trials

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 […]

Can Common Benefit Fee Disputes be Avoided?

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

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 […]

MTMP At A Glance

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

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. […]

Litigation Update: Xarelto Settlement

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

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 […]

Developing Litigation: 3M Combat Arms Earplugs

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 Use of Analytics in Settlements of Complex Litigation

Settlement negotiations in complex litigation take time, persistence and ultimately, leverage—the kind that comes from good data. In fact, data has significantly changed the way settlements are being negotiated in class action and mass tort litigation involving issues such as faulty consumer products, defective medical devices, dangerous drugs and toxic exposures. The power of data [...]
The Benefits of Outsourcing Medical Record Reviews

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 […]

What to Expect from Your Claims Administrator

What to Expect from Your Claims Administrator

A good third party administrator is an important player in your plan to bring a settlement to closure as quickly and efficiently as possible. I would like to pass along some observations I’ve made about the role of a third party administrator based on my thirty-five years of experience in managing the resolution of complex [...]
The Use of Analytics in the Art of Negotiating Claims

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 […]