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Amanda Bronstad is the ALM staff reporter covering class actions and mass torts nationwide. She writes the email dispatch Critical Mass. She is based in Los Angeles.
August 17, 2018
U.S. District Judge Lucy Koh in San Jose, California, approved the fees after concluding that the results were “exceptional.”
August 16, 2018
"Imagine that late one evening, around closing time, after dinner with a friend, the waiter hands you a bill for $5,000. You object," wrote Corbin Barthold, litigation counsel at the WLF. “The host arrives and explains that the other patrons left without paying. The restaurant cannot track them down. You, however, are here. You, therefore, shall pay—for everyone.”
August 16, 2018
Opioid manufacturers and one distributor say the complaint against them lacks specifics to back up deceptive trade practices and public nuisance claims. But the amicus briefs said none of that mattered because a state has a “unique role” in the opioid crisis.
August 15, 2018
Opioid manufacturers and one distributor say the complaint against them lacks specifics to back up deceptive trade practices and public nuisance claims. But the amicus briefs said none of that mattered because a state has a “unique role” in the opioid crisis.
August 14, 2018
Science has been a key debate in the talcum powder cases, in which thousands of women allege Johnson & Johnson’s baby powder caused their ovarian cancer.
August 13, 2018
“I had 200 calls this morning from people wanting to sign up,” said plaintiff counsel R. Brent Wisner, of Los Angeles-based Baum Hedlund Aristei Goldman.
August 10, 2018
Jurors awarded $39.2 million in compensatory damages and $250 million in punitive damages to plaintiff DeWayne “Lee” Johnson.
August 10, 2018
Defense attorney James Lynch, of New York’s Lynch Daskal Emery, said Daniel Blouin, a New York shareholder at Simmons Hanly Conroy, resorted to “incurable character assassinations” and “outrageous remarks” during trial.
August 10, 2018
Plaintiffs lawyers are asking Apple to stop all communications with customers about refunds and replacements unless they notify them about their right to sue. A hearing on the matter is set for Sept. 28.
August 09, 2018
Plaintiffs lawyers are asking Apple to stop all communications with customers about refunds and replacements unless they notify them about their right to sue. A hearing on the matter is set for Sept. 28.
August 08, 2018
The dispute stems from Uber's announcement that hackers had stolen the personal information of 57 million drivers and riders in 2016, and that it had paid them $100,000 to destroy the information.
August 08, 2018
The first trial over whether Monsanto’s Roundup causes cancer wrapped up on Tuesday, and the plaintiff’s lawyers weren’t shy about what they wanted.
The Recorder |Live Coverage |News
August 07, 2018
Plaintiff’s lawyer R. Brent Wisner asked jurors to award more than $39 million in compensatory damages and $373 million in punitive damages to his client, Dewayne “Lee” Johnson.
August 06, 2018
Texas plaintiffs attorney Mikal Watts is asking for at least $150 million in legal fees from the $1.5 billion settlement with Syngenta AG, citing his firm's “unique position in this litigation.”
August 03, 2018
A federal appeals court sided with an objector who sought fees in a settlement over drink vouchers on Southwest Airlines—but issued a stern warning to the lawyers to end the case.
August 02, 2018
A federal judicial panel has sent about 100 lawsuits brought over Merck’s shingles vaccine to Pennsylvania.
August 02, 2018
Boeing argued this week that a final report into the disappearance of Malaysia Air Flight 370 supports its bid to dismiss dozens of lawsuits brought in U.S. courts on behalf of the families of deceased passengers.
August 01, 2018
Flint Mayor Karen Weaver said the decision gives the state of Michigan a “free pass.”
August 01, 2018
One day after more than $100 billion in Facebook stock value was erased, a team of New York-based litigators filed a proposed class action suit against the social media company, contending its leaders misled shareholders about its business operations.
July 27, 2018
A federal judge in California has appointed two lawyers to lead class actions brought against Facebook Inc. over the Cambridge Analytica scandal over misuse of user data.
July 27, 2018
A federal appeals court has agreed to review a decision en banc that has alarmed class action lawyers on both sides for potentially threatening the viability of nationwide settlements.
July 27, 2018
So far, nearly 50 lawsuits have been filed against USC and Dr. George Tyndall, the campus gynecologist for more than two decades.
New York Law Journal |Analysis
July 26, 2018
The U.S. Court of Appeals for the Second Circuit's decision earlier this week, in a matter of first impression, found that a class representative has standing to sue in federal court on behalf of a class of consumers subject to laws outside her own state.
July 26, 2018
An appeals court has approved a class action settlement about allegedly defective Remington rifles—one that attorneys general in 10 states opposed…
National Law Journal |Research
July 25, 2018
A record pace of shareholder class action filings continued during the first half of 2018—and the cases are getting much bigger, according to a midyear report released today.
July 25, 2018
Two months after joining Dechert from Quinn Emanuel, Sheila Birnbaum and Mark Cheffo have being joined by some familiar faces--18 of their colleagues from Quinn Emanuel--as Dechert beefs up its products liability practice group.
July 23, 2018
Equifax argued that a 566-page consolidated complaint on behalf of consumers was “long on words” but “short on operative facts.”
July 20, 2018
The American Association for Justice's new president, Elise Sanguinetti, came on board this month right after President Donald Trump nominated Judge…
July 19, 2018
Los Angeles Superior Court Judge Maren Nelson allowed the plaintiffs’ expert testimony before and during trial but, after the Aug. 21 verdict, found there was insufficient evidence linking Johnson & Johnson’s baby powder to the plaintiff’s ovarian cancer, plaintiffs lawyers say.
July 18, 2018
MGM Resorts International has filed nine lawsuits across the country against 2,500 victims of the Oct. 1, 2017, mass shooting in Las Vegas in an unprecedented move that had plaintiffs lawyers accusing the entertainment conglomerate of forum shopping and defense lawyers scratching their heads.
July 18, 2018
U.S. Supreme Court nominee Brett Kavanaugh has a thin record on class actions and mass torts -- but his writings in a number of cases leaves clues about how he’d treat those areas of law.
July 17, 2018
The New York firm is objecting to a special master’s report that found Labaton and two other firms serving as class counsel in the case had deliberately misled the court about how they planned to distribute $75 million in attorney fees.
July 16, 2018
U.S. Supreme Court nominee Brett Kavanaugh has a limited record on class actions and mass torts, but many of his rulings favor businesses, lawyers say, raising the likelihood that he would favor the defense in such cases.
July 11, 2018
Supreme Court nominee Brett Kavanaugh's history of dialing back the prerogatives of federal agencies could be a harbinger of a restrictive approach to class actions, some lawyers say.
July 09, 2018
Lawyers bombarded a San Francisco jury on Monday with reams of scientific studies about whether a Monsanto Co. weed killer caused a man to get terminal cancer.
July 06, 2018
A federal judge has vacated a $140 million verdict over “low testosterone” treatments after finding that the jury’s findings were inconsistent. The…
July 06, 2018
Opening statements in the first trial over whether Monsanto's Roundup herbicide caused a user to get cancer are set to begin on Monday in San Francisco.
July 03, 2018
A class action suit filed this week in the Central District of California is among the first filed since the U.S. Supreme Court issued its pivotal ruling on union fees.
July 03, 2018
The Missouri Court of Appeals decision on June 29 is the third ruling to reverse a jury award against Johnson & Johnson over its baby powder, which thousands of lawsuits have alleged caused women to get ovarian cancer.
June 27, 2018
A young man whose leg was amputated after a 75-foot tree fell on him while camping has agreed to settle a lawsuit for $47.5 million, the largest personal injury settlement for a single plaintiff in California, according to his lawyers.
June 27, 2018
The 7th Circuit is allowing Ted Frank to find out if three objectors had gotten secret side payments to drop their appeals to a class action settlement.
June 26, 2018
Class action critic Ted Frank scored a big win on Tuesday in an appeals court ruling that allowed him to challenge potential payments to three other objectors in the case.
June 25, 2018
Plaintiffs lawyers have told a New Jersey federal judge they want to depose a Johnson & Johnson representative to address why the company lost or destroyed talcum powder samples that they could have tested in cases alleging women got ovarian cancer from prolonged use of its baby powder.
June 21, 2018
A federal appeals panel upheld an award of about $127,800 in attorney fees and costs to the manufacturer of fire engine sirens after finding the plaintiffs’ firm had failed to investigate claims of hearing loss among firefighters while voluntarily dismissing similar cases across the country.
June 20, 2018
A federal judge in Michigan has refused to remove lead attorneys in the Flint water contamination case but plans to bring in a special master to review their fees and expenses.
June 20, 2018
A federal judge in Boston who started off a year ago looking at a $75 million fee request in a case against State Street is now hinting at public corruption involving Labaton Sucharow--a notion the firm is adamantly fighting.
June 19, 2018
What began as a judge's inquiry into a $75 million attorney fee has morphed into hints of public corruption, with one of the top securities plaintiffs firms in the nation on the defensive.
June 19, 2018
A federal judge in Oregon has appointed 11 lawyers to lead more than 40 class actions brought over alleged security flaws in Intel Corp.’s microprocessor chips.
June 18, 2018
A New York state court judge has refused to dismiss lawsuits against several opioid manufacturers in some of the first substantive rulings to come out of the barrage of cases brought by governments over the prescription painkillers.
June 15, 2018
Labaton Sucharow has moved for a federal judge reviewing its billing records to recuse himself from a securities class action settlement, citing a “serious conflict” raised by statements from the judge, which the firm said implied that the New York law firm was engaged in public corruption.
June 13, 2018
Volkswagen has scored a critical court victory in its battle against several state attorneys general who are still pursuing billions of dollars over its emissions scandal.
June 13, 2018
The U.S. Supreme Court dealt another blow to class actions this week with a decision that prevents lawyers from tolling the filing of individual shareholder cases.
June 08, 2018
A federal panel reviewing a $1.04 billion hip implant verdict appeared skeptical about Johnson & Johnson’s arguments that a Dallas judge had…
June 07, 2018
The executive director over an Arkansas pension fund has retained outside counsel but insisted he could continue to serve as lead plaintiff in settlements…
June 06, 2018
A federal judicial panel has ordered that 30 class actions brought against Facebook and Cambridge Analytica be coordinated into multidistrict litigation…
National Law Journal |Live Coverage |News
June 06, 2018
Johnson & Johnson “rigged the tests” to avoid conceding that its baby powder contained asbestos, causing 22 women to get ovarian cancer, plaintiffs lawyer Mark Lanier told a St. Louis jury in opening statements on Wednesday in the most high-volume talcum powder trial to date.
June 06, 2018
Claims by and on behalf of 22 women are going to trial over whether Johnson & Johnson’s baby powder caused ovarian cancer
June 05, 2018
Drug companies defending opioid lawsuits have fired back in the federal court handling the sprawling litigation, insisting that cities and counties lacked standing to bring several of the claims, some of which were pre-empted.
June 04, 2018
An ex-associate who accused Steptoe & Johnson of inequitable pay based on gender has dropped her case in light of last month’s U.S. Supreme Court decision upholding arbitration agreements that bar class actions over employment matters.
June 04, 2018
Claims of 22 women are set to be tested in the case, the first scheduled to go to trial since the Supreme Court’s 2017 decision in "Bristol-Myers Squibb v. Superior Court of California," which made it harder for nonresident litigants to pursue claims in multiplaintiff lawsuits.
June 04, 2018
Heading Johnson & Johnson’s trial team are Peter Bicks, Morton Dubin and Lisa Simpson, all New York partners at Orrick, Herrington & Sutcliffe.
June 01, 2018
An appeals court has upheld an injunction freezing the assets of Stanley Chesley—once known as the "master of disaster" for his work in mass tort litigation—after concluding that the disbarred Cincinnati plaintiffs attorney is likely to continue what it called a “high-stakes shell game.”
May 31, 2018
A Boston federal judge has ordered the head of a pension fund to explain why the fund should still continue to be lead plaintiff, in light of suggestions that it didn't catch millions of dollars in overcharges by lawyers leading the class action.
May 30, 2018
Plaintiffs' lawyers appointed to lead multidistrict litigation are starting to be less and less of a "boys club," but those gains are coming slowly. According to ALM statistics that I compiled, women increasingly are getting leadership posts--although they aren’t always at the very top and still make up less than 30 percent.
May 30, 2018
U.S. District Judge Peter Sheridan found that individual officers of New Jersey-based Bil-Jim Construction Co. Inc., a subcontractor hired to rebuild the beaches near Barnegat Bay, were not personally liable under the New Jersey Prevailing Wage Act.
National Law Journal |Investigation |Research
May 29, 2018
Some female and minority attorneys have struck out on their own to get appointments, while many firms are diversifying their hiring or pitching new faces to MDL judges, who themselves are evolving into a more diverse corps.
May 29, 2018
U.S. District Judge Mark Wolf in Boston said he would address concerns by three plaintiffs firms currently serving as class counsel to State Street customers about the deadline to propose redactions to the report, which the special master filed under seal on May 14.
May 24, 2018
The U.S. solicitor general has asked the U.S. Supreme Court to review a case that addresses one of the most significant federal pre-emption issues for brand drug companies since Wyeth v. Levine.
May 24, 2018
A California jury has awarded $25.75 million to a woman diagnosed with mesothelioma due to asbestos exposure from using Johnson & Johnson’s baby powder thousands of times.
May 23, 2018
The objector, Adam Schulman, is an attorney at the Competitive Enterprise Institute’s Center for Class Action Fairness, where Ted Frank, a known class action critic, is the director.
May 23, 2018
The U.S. Supreme Court’s 5-4 decision upholding class action waivers included in arbitration clauses of employment contracts has sent shockwaves through the class action bar.
May 21, 2018
In three separate suits filed on Monday, including one class action, plaintiffs alleged that Dr. George Tyndall performed inappropriate procedures and made sexual remarks to patients who were students at the college.
May 18, 2018
The trial against Johnson & Johnson claims an attorney’s lifetime use of its baby powder caused her to get one of the deadliest forms of cancer.
May 16, 2018
A litigation funding bill introduced in the U.S. Senate last week got a cold reception from financiers and plaintiffs lawyers, who have a few suggestions on how to change it.
May 16, 2018
Christopher Wylie, a research director at Cambridge Analytica from 2013 to 2014, told members of the Senate Judiciary Committee that the firm, co-founded by Steve Bannon, who was campaign manager and later a top White House strategist for President Donald Trump, came up with phrases like “drain the swamp” that became key campaign themes and slogans.
May 16, 2018
Christopher Wylie, former research director at Cambridge Analytica, told members of the Senate Judiciary Committee that the firmcame up with phrases like 'drain the swamp' that became key campaign themes and slogans.
May 16, 2018
Plaintiffs lawyers in the Anthem data breach settlement have objected to the report of a court-appointed special master, which found what it said was inappropriate…
May 15, 2018
Richard Fields talks about Wednesday's hearing and its potential impact on the Facebook litigation.
May 15, 2018
Ahead of Facebook's day on Capitol Hill, Richard Fields talks about Wednesday's hearing and its potential impact on the Facebook litigation.
May 14, 2018
The bill would require disclosure of third-party litigation funding in class actions and multidistrict litigation within 10 days of a case filing, or 10 days after a funding deal. It would also require disclosure of financing that provides cash to plaintiffs.
May 11, 2018
Plaintiffs suing over a 2014 data breach at the U.S. Office of Personnel Management—which may have compromised information for 21.5 million persons—have asked a federal appeals court to revive their cases, citing a significant decision last year finding standing to sue over a cyberattack.
May 10, 2018
The complaints come as the judge preliminarily approved the settlement on behalf of a class of more than 600,000 farmers who alleged Syngenta sold genetically modified corn seed that China refused to import.
May 10, 2018
In a marked shift from the first hearing in the opioid litigation, a federal judge praised lawyers for getting closer to reaching a global settlement…
May 09, 2018
A judge overseeing hundreds of opioid lawsuits has ordered lawyers to disclose their third-party litigation financing arrangements.
May 07, 2018
A federal judge overseeing the multidistrict litigation over the opioid epidemic has ordered lawyers to disclose all third-party financing arrangements in their cases.
May 04, 2018
The pitches for lead plaintiffs counsel pit Steve Berman and a few lawyers at Hagens Berman Sobol Shapiro against a 40-lawyer coalition led by Joseph Cotchett, of Cotchett, Pitre & McCarthy, and Laurence King of Kaplan Fox & Kilsheimer.
May 03, 2018
A LA judge has tentatively cleared the way for a Johnson & Johnson motion to toss out about 100 out-of-state plaintiffs from the coordinated talcum powder litigation in California in light of the U.S. Supreme Court’s jurisdictional decision last year in Bristol-Myers Squibb v. Superior Court of California.
May 02, 2018
In a win for critics of the doctrine, the U.S. Supreme Court has finally picked a case to review the use of cy pres funds: An $8.5 million class action settlement with Google, which yielded $5.3 million to be distributed to public interest causes, some of which opponents said had ties to lawyers in the case.
May 02, 2018
The suits, filed in five states, were brought by individual persons against opioid manufacturers and distributors, and are among the few class actions filed against drugmakers and marketers.
May 02, 2018
The opioid cases add a new type of plaintiff into the wide-reaching opioid litigation, which have also includes states, Native American tribes, pension funds and hospitals.
May 01, 2018
Ted Leopold and Michael Pitt, co-lead counsel for the lead class action brought on behalf of Flint residents, have asked U.S. District Judge Judith Levy, who is based in Ann Arbor, Michigan, to remove Hunter Shkolnik as one of two lawyers serving as liaison counsel to the individual cases.
April 24, 2018
Merck has moved to coordinate dozens of lawsuits brought over injuries allegedly caused by its shingles vaccine, Zostavax.
April 24, 2018
A San Francisco federal judge, in what was apparently the first case to cite last month's SCOTUS opinion Cyan v. Beaver County Employees Retirement Fund remanded a securities class action against a blockchain startup to San Francisco Superior Court while keeping another in federal court.
April 23, 2018
Plaintiffs who lost all three bellwether trials over Xarelto last year have asked an appeals court to vacate the decisions, saying the judge improperly excluded evidence and gave jurors incorrect instructions.
April 20, 2018
A plaintiffs team suing a pipeline operator over a 2015 oil spill off the coast of California scored a rare win when a federal judge granted certification of thousands of property owners. Of course, that success came on the third try.
April 18, 2018
A federal judge has rejected approval of a class action settlement that drew an unusual objection from the U.S. Justice Department, but one that it withdrew.
April 17, 2018
A federal judge has dismissed cases brought by two counties in Utah and Florida alleging Volkswagen’s emissions fraud violated their state environmental laws.
April 17, 2018
Wells Fargo could be on the hook for $1 billion in regulatory fines tied to allegedly overcharging its consumers for mortgage and insurance products, but lawyers said the full amount was far from certain.
April 13, 2018
Lawyers have asked a federal judge to halt consumer class actions against sports betting sites DraftKings Inc. and FanDuel Inc. while they hash out a possible settlement.
April 13, 2018
Ohio federal District Judge Dan Polster--who is overseeing multidistrict litigation over the opioid crisis--has put the first trial on a fast track, choosing to pursue an ambitious discovery schedule.
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September 06, 2018
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