Dupont, Corteva and Chemours announced on January 22 that they have entered into an agreement in which the companies will resolve legal disputes stemming from the 2015 spin-off of Chemours from parent company E.I. DuPont de Nemours and Co and jointly commit $4 billion...
Litigation Update: Choice of Law Determined in Two Bellwether Trials in the 3M MDL
In response to motions filed by the plaintiffs in the upcoming bellwether trials in the 3M multidistrict litigation, U.S. District Judge M. Casey Rodgers has found in favor of the plaintiffs, ruling that Washington and Alaska state law would apply in two of the cases...
Litigation Update: Diversity Governs in Elmiron’s Plaintiff Steering Committee
Consumers in the Elmiron MDL against Johnson & Johnson (J&J) informed a New Jersey federal judge that they have chosen diverse representation to serve on the plaintiff steering committee. The committee is diverse in a number of ways, including ethnicity,...
Litigation Update: Altria and Juul File Motions to Dismiss Racketeering and Warranty Claims
In a motion filed on January 4, Altria and Juul asked the judge presiding over the federal multidistrict litigation to throw out racketeering and warranty claims brought against them by plaintiffs who claim the companies’ product design and deceptive advertising...
Litigation Update: Special Masters Are Appointed in Valsartan Contamination
U.S. District Judge Robert B. Kugler named former Pennsylvania federal Judge Lawrence F. Stengel, and former Delaware Judge Gregory M. Sleet as special masters in charge of overseeing settlement conferences in the multidistrict litigation regarding the alleged...
Litigation Update: Initial 3M Earplugs’ Trial Dates Are Set
In a pre-trial order issued on December 30, 2020 the Florida federal judge overseeing the 3M earplugs litigation consolidated three bellwether cases and set trial dates for the five cases that were part of Bellwether Group A and the subject of a December 7, 2020...
Litigation Update: Zantac Videoconference Hearings Begin
There have been a number of groups affected by the pending MDL involving Zantac, the popular heartburn medication. It is alleged that the defendants knew that Zantac was hazardous to consumers for years, but it only became publicly known in September, 2019 when the...
Litigation Update: Elmiron MDL Sent to New Jersey
On Tuesday, December 15th the JPML sent all Elmiron cases to be tried in New Jersey by U.S. Judge Brian R. Martinotti. The judge had been handling Elmiron lawsuits and had already set up processes resembling those typically followed in MDLs. Because those efforts were...
COVID-19’s Impact on The Mass Tort Landscape: What to Consider
When the courts closed in March 2020 due to COVID-19, few would have foreseen the impact on so many aspects of the mass tort landscape. Judges, attorneys, defendants, and plaintiffs alike are all feeling the ripple effects of a system that was paralyzed for nearly...
Litigation Update: JPML to Decide on Elmiron’s Litigation Venue
At the last JPML hearing held on Thursday, December 4th, the panel heard from counsel for Johnson & Johnson and lawyers for plaintiffs. Both sides presented arguments for creating an MDL for all Elmiron cases in New Jersey federal court. Those proposing NJ as...