On January 9, 2024, the State of California Court of Appeals ruled in part against Gilead in its motion for summary adjudication by allowing plaintiffs’ claim for ordinary negligence against the drug manufacturer to proceed. The earlier motion had been denied on all...
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Fifth Consecutive Win for Roundup Litigation Plaintiffs
On December 5, Roundup litigation plaintiffs won their fifth consecutive victory against Monsanto, manufacturer of the weed killer Roundup, and its parent company, Bayer AG. In the second case to go to trial in the Court of Common Pleas in Philadelphia, the jury found...
LTL Chapter 11 Bankruptcy Update for Talc Litigation
On Friday, July 28, U.S. Bankruptcy Judge Michael Kaplan of the U.S. Bankruptcy Court for the District of New Jersey dismissed the Chapter 11 case filed by Johnson & Johnson’s talc unit, LTL Management LLC, stating that the debtor did not meet the requirements...
$224M J&J Talc Litigation Verdict Overturned
On October 4, 2023, the three-judge Appellate Division of the Superior Court of New Jersey threw out a $223.8 million talc litigation verdict against Johnson and Johnson (J&J), finding that the science relied on by the plaintiffs was not sound. The 2020 verdict...
Proposed Consolidation JPML Hearing on Uber Sexual Assault Litigation
Oral arguments on the petition filed with the Judicial Panel for Multidistrict Litigation (JPML) to consolidate all sexual assault cases filed against Uber into MDL No 3084, In Re: Uber Technologies, Inc. Passenger Sexual Assault Litigation, are scheduled to be heard...
Liability Forecasting: Vital for Mass Tort Settlements
Liability forecasting plays an important role in mass tort settlements. One effect of the four-decades-long asbestos litigation is that defendants in mass tort cases often create large settlement trusts through which they compensate current and future claimants for...
Leveraging Data to Negotiate Stronger Mass Tort Settlements
As with the other cases they litigate, plaintiffs’ attorneys will negotiate mass tort settlements to secure maximum compensation for their injured clients. But mass tort cases, for a number of reasons, are more complex to litigate and settle than typical personal...
High Reliability Organizations and Law Firms
High Reliability Organizations (“HRO”) are institutions that operate in complex, hazardous environments, making few mistakes (i.e., medical errors, air traffic errors) over long periods of time. HROs have existed since the 1980s in the aircraft carrier, air traffic...
Plaintiffs File Transfer Motion in Bard PowerPort Litigation
On May 24, 2023, plaintiffs filed a Motion to Transfer Actions with the U.S. Judicial Panel on Multidistrict Litigation (JPML) against C.R. Bard Inc., a wholly owned subsidiary of Becton Dickinson and Company, the designer, manufacturer and seller of implanted port...
U.S. Bankruptcy Judge Dismisses LTL Management Case
On Friday, July 28, U.S. Bankruptcy Judge Michael Kaplan of the U.S. Bankruptcy Court for the District of New Jersey dismissed the Chapter 11 case filed by Johnson & Johnson’s talc unit, LTL Management LLC, stating that the debtor did not meet the requirements...