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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.
February 19, 2019
Following a contentious two-week trial, the jury awarded $52 million for compensation and $100 million in punitive damages, finding Ford at fault for claims of design defect and negligence. Ford said it will appeal.
February 15, 2019
The U.S. Court of Appeals for the D.C. Circuit could be the first appeals court to rule on whether "Bristol-Myers Squibb v. Superior Court of California" applied to class actions.
February 13, 2019
Lawyers predict thousands of lawsuits to be filed on behalf of U.S. service members who allege that 3M's earplugs caused hearing loss.
February 13, 2019
A law professor said that, if adopted, mandatory arbitration would be 'the death knell of securities fraud class actions'
February 08, 2019
Seattle plaintiffs' attorney Karen Koehler credited the verdict to a “consistent barrage of testimony against the duck companies” during nearly four months of trial.
February 07, 2019
On Wednesday, the U.S. Judicial Panel on Multidistrict Litigation appointed U.S. District Judge Paul Grimm to oversee more than 80 class actions against Marriott.
February 06, 2019
U.S. District Judge Dan Polster heard testimony Wednesday from Baker Hostetler partner Carole Rendon about her former job as U.S. Attorney for the Northern District of Ohio, during which she headed an opioid task force.
February 06, 2019
The U.S. Justice Department has raised its voice in several cases in which employees challenged "no-poach" employment agreements, and lawyers are weighing the impact of the feds' intervention
February 05, 2019
In his Feb. 1 order, U.S. District Judge Jose Linares in New Jersey refused to dismiss most of the claims in the case, citing rulings in emissions cases involving other automakers.
February 04, 2019
U.S. District Judge Joseph Goodwin ordered a 5 percent hold-back on settlements over the objections of three law firms.
February 01, 2019
The April 8 trial was to feature claims by 24 women that Johnson & Johnson's talcum powder products caused them to get ovarian cancer.
January 31, 2019
The DOJ filed notices Jan. 25 in class actions against two railroad equipment suppliers and cases involving Arby's, Carl's Jr. and Auntie Anne's franchises.
January 30, 2019
U.S. District Court Judge Lucy Koh rejected an $85 million proposed settlement in the Yahoo data breach case, enumerating a series of points about its lack of adequacy.
January 30, 2019
NERA Economic Consulting's annual report also found that aggregate investor losses totaled $939 billion in 2018, a sign of a “systematic shift toward larger filings.”
January 28, 2019
Plaintiffs, appealing three defense verdicts, responded on Friday to a cross-appeal that sought to toss 20,000 cases over Xarelto on federal pre-emption.
January 25, 2019
Seven retired federal judges, including former Seventh Circuit Judge Richard Posner, filed an amicus brief in a class action over PACER fees now on appeal.
January 23, 2019
“It’s possible there’s enough assets to pay everybody off," said Mike Danko of Danko Meredith.
January 23, 2019
As a Jan. 31 date when federal courts are projected to run out of money looms, multidistrict litigation is beginning to feel the effects of the partial government shutdown.
January 22, 2019
The agreement comes after Johnson & Johnson began settling thousands of cases brought over its Pinnacle devices last year after losing jury verdicts totaling more than $1.75 billion.
January 17, 2019
An order issued earlier this week sustained a petition filed by Johnson & Johnson to stop the trial, which was to begin in St. Louis on Tuesday.
January 16, 2019
The U.S. Supreme Court on Tuesday looked at a closely-watched case about the jurisdictional scope of the Class Action Fairness Act and how to untangle its procedural puzzles.
January 15, 2019
The proposed sanctions motion targeted plaintiffs lawyers who defendants claim made "misleading, inflammatory, and improper" statements on an episode last month.
January 14, 2019
The case before the U.S. Supreme Court on Tuesday asks the question: Can a third-party counterclaim defendant remove a class action under the Class Action Fairness Act?
January 11, 2019
Of the 28 judges appointed by the U.S. Judicial Panel on Multidistrict Litigation, seven were minority judges—a record number.
January 10, 2019
The settlements, announced Thursday, included $307 million for class members and $400 million in civil penalties to federal and state regulators.
January 09, 2019
In oral arguments Monday, Merck made its case for federal preemption before the U.S. Supreme Court, saying there was "clear evidence" that the FDA would have rejected language in a warning label proposed for its osteoporosis drug Fosamax.
January 08, 2019
The 2-1 decision by the U.S. Court of Appeals for the Sixth Circuit is the first by a federal appeals court to address whether government officials violated Flint residents' substantive due process rights to bodily integrity under the 14th Amendment.
January 03, 2019
Plaintiffs' attorney Mikal Watts plans to appeal U.S. District Judge John Lungstrum's order, which largely approved a special master’s recommendation on how to dole out $503 million in legal fees.
January 03, 2019
U.S. District Judge Dan Polster of Ohio also added two more bellwether cases for discovery to go forward.
January 02, 2019
U.S. District Judge Dan Polster also added two more bellwether cases for discovery to go forward.
January 02, 2019
Also up, a look at a law school attempt to diversify MDL appointments.
December 20, 2018
In the most substantial ruling to come out of the litigation over opioids, U.S. District Judge Dan Polster adopted most of a magistrate judge’s Oct. 5 report and recommendation allowing RICO and public nuisance claims to go forward against opioid companies.
December 19, 2018
One day earlier, another judge ruled that he had "grave doubts" about granting Johnson & Johnson's summary judgment in a case brought by the state of Mississippi.
December 19, 2018
In a lengthy Atlanta courtroom appearance, lawyers from 400 class actions stemming from Equifax's massive breach last year made their case as to why the suits should be dismissed.
December 18, 2018
On Tuesday, Baker & Hostetler’s Daniel Warren, a partner in Cleveland, filed a court appearance to represent Marriott before the U.S. Judicial Panel on Multidistrict Litigation.
December 17, 2018
Lawyers from 15 law firms, including Texas plaintiffs attorney Mikal Watts, tussled in court Monday over who should get what in the GMO corn settlement with Syngenta.
December 12, 2018
Family members of 88 passengers who sued in U.S. courts will have to refile cases in Malaysia courts after a federal judge dismissed all 40 lawsuits.
December 12, 2018
Consumer Education Foundation's Laura Antonini says the EU's incorporation of "the loser pays principle, together with the new prohibition on contingency fees" in its class action proposal "slams shut the courthouse doors" for plaintiffs bringing "legitimate" cases.
December 10, 2018
A federal judge said he would break out prospective jurors during voir dire who knew about this year's $289 million verdict, according to a lawyer familiar with the decision.
December 07, 2018
The U.S. Judicial Panel on Multidistrict Litigation refused to transfer class actions brought on behalf of 40 percent of the nation’s opioid-addicted babies, concluding there would be “substantial overlap” with the opioid multidistrict litigation it created a year ago.
December 06, 2018
The U.S. Court of Appeals for the Ninth Circuit will hear oral arguments Friday over whether to revive antitrust claims against the National Football League Inc. over its “Sunday Ticket” subscription package.
December 06, 2018
Plaintiffs lawyers, however, consider the Cambridge Analytica scandal "the tip of the iceberg" in Facebook's "willful pursuit of generating revenue at the expense of its users.”
December 05, 2018
The suit, filed by Lieff Cabraser Heimann & Bernstein and Edelson PC, is among the first class actions brought over California's wildfires last month.
December 05, 2018
For lawyers, the Marriott breach "hits close to home," says Whitfield, Bryson & Mason's Gary Mason, himself a Marriott member, who is repping another attorney in a class action against the hotel chain.
December 04, 2018
The report by the American Tort Reform Association ranked the top nine venues with the “most unfair” legal systems. Florida, which topped the list last year, was No. 2.
December 03, 2018
Lawyers have moved to coordinate suits into multidistrict litigation and questioned an arbitration clause in Marriott's free internet monitoring program offered to its customers.
November 30, 2018
“Large, sophisticated companies like Marriott are not blind to the risks posed by cyber criminals, who are constantly attempting to infiltrate corporations that store sensitive consumer information, said plaintiffs' attorney John Yanchunis of Morgan & Morgan. “The fact that a breach that began in 2014 went undetected for four years is shocking and horrifying.”
November 30, 2018
An appeals court in Illinois referred Christopher Bandas and C. Jeffrey Thut to state authorities for possible disciplinary actions.
November 28, 2018
U.S. District Judge Edward Chen cited the ability of Levi & Korsinsky's client, an individual investor who lost $3.5 million, to represent both stock purchasers and short sellers in the class.
November 28, 2018
As NASA landed a vehicle on the surface of Mars, two U.S. Supreme Court justices spun a hypothetical during oral arguments that involved a 'Martian invasion.'
November 27, 2018
Special master Ellen Reisman recommended that lead counsel in Kansas get half the estimated $500 million in legal fees.
November 16, 2018
Helping his neighbor fight off flames from the Los Angeles wildfires gave attorney Alexander Robertson "a new appreciation for what our fire clients go through."
November 16, 2018
A defense verdict in California gives Johnson & Johnson the upper hand in the litigation alleging its asbestos-containing talcum powder products caused mesothelioma.
November 14, 2018
Lawyers have responded to U.S. District Judge Lucy Koh's questions in what could be the first test case for new class action settlement guidance in California’s Northern District.
November 14, 2018
Litigation over banks' pricing of currency trades involved several hundred attorneys working over the course of five years, resulting in what the plaintiffs claim is the third largest antitrust class action settlement in history.
November 08, 2018
Among other things, objectors allege that plaintiffs lawyers were not entitled to $21.3 million in legal fees.
November 07, 2018
The Northern District of California’s new procedural guidance for class action settlements, announced on Nov. 1, is among the most detailed in the nation.
November 07, 2018
A look at this week's happenings in the world of class actions and mass torts.
November 05, 2018
“A boundless expansion of tort doctrine.” “Puts the cart before the horse.” “Kicks the can down the road.” That’s how opioid companies have described an Oct. 5 report and recommendation that refused to dismiss a bellwether case against them.
November 02, 2018
Johnson & Johnson has filed motions to toss the verdict, accusing the plaintiffs' lawyer, Mark Lanier, of referencing stillborn babies in his opening statement and showing a drawing of a woman pushed over a ledge into ovarian cancer.
October 31, 2018
Also up, a look at how a pancake eating contest turned perilous, and Morgan & Morgan gets hit with a $5M malpractice verdict.
October 29, 2018
Labaton partner Christopher Keller said State Street "was and is an outlier" because, unlike in at least three other litigation matters, Texas lawyer Damon Chargois never did work on the case.
October 25, 2018
Michael London, co-lead plaintiffs’ counsel in the multidistrict litigation in New Jersey, asked the court to set up a qualified settlement fund of a “confidential settlement amount” to resolve his inventory of cases.
October 25, 2018
The U.S. Chamber of Commerce's Institute for Legal Reform released the report on Wednesday at its annual summit, along with a white paper that called on Congress to reform securities laws.
October 24, 2018
A San Francisco judge slashed a $289 million Roundup verdict, but her decision left plaintiffs' lawyers cheering as it accepted punitive damages as justified.
October 23, 2018
The settlement, filed in court on Monday, includes a $50 million fund from which consumers can file claims to be reimbursed, credit monitoring and $35 million in attorney fees.
National Law Journal |Analysis
October 23, 2018
A significant opinion by the U.S. Court of Appeals for the First Circuit is expected to bolster the defense argument that judges shouldn’t grant certification of class actions with uninjured class members. Judge William Kayatta wrote on Oct. 15 that a judge should not have granted certification of an antitrust class in which 10 percent of the class members had no injuries.
October 22, 2018
Avenatti, the lawyer who sued President Donald Trump on behalf of porn star Stormy Daniels, was ordered to pay a former contract attorney at his firm.
October 19, 2018
Under a claims process administered by a special master, victims could get $2,500 to $250,000 each.
October 18, 2018
The expert, William Sawyer, withdrew from a case against Lumber Liquidators after abruptly leaving the deposition, but defense lawyer, McGuireWoods' Robert Redmond, called it the "worst form of sandbagging."
October 17, 2018
Plus, Talc on Trial: Who Won?
October 15, 2018
Speaking about President Donald Trump's tweet that sparked the lawsuit, a federal judge wrote: “The First Amendment protects this type of rhetorical statement."
October 15, 2018
DRI - The Voice of the Defense Bar wants the appeals court to find that unnamed members in a class action against Dish Network should not have been certified because they did not have the same injuries as lead plaintiffs in the case.
October 11, 2018
About 44 percent of pregnant women on the Blackfeet Tribe reservation in Montana tested positive for opioid use.
October 11, 2018
After two mistrials in similar cases that had juries in Los Angeles deliberating for days, a New Jersey jury took just half an hour to decide that Johnson & Johnson’s baby powder did not cause a woman to get mesothelioma.
October 10, 2018
San Francisco Superior Court Judge Suzanne Bolanos issued the tentative ahead of a hearing on Wednesday afternoon.
October 10, 2018
Labaton acknowledged it should have disclosed a $4.1 million referral payment and agreed to make several internal changes.
October 10, 2018
Also this week: A hard to swallow LaCroix class action, and Feds probing asbestos trust.
October 09, 2018
U.S. Magistrate Judge David Ruiz on Oct. 5 allowed most of the claims in a key case in a massive MDL against opioid companies to go forward, concluding that the complaint was far from a “fishing expedition.”
October 05, 2018
A federal magistrate judge issued his recommendation in a key lawsuit brought against opioid manufacturers and distributors, as well as pharmacies.
October 05, 2018
U.S. District Judge Charles Breyer refused to dismiss a class action on behalf of consumers who sold their Volkswagen vehicles before Sept. 18, 2015.
October 04, 2018
The cases include nine lawsuits MGM filed against 2,000 victims of the shooting.
October 04, 2018
Lawyers for Civil Justice released the report while pushing to establish the first civil rules in multidistrict litigation.
October 03, 2018
Another jury in Los Angeles deadlocked on whether Johnson & Johnson's baby powder caused mesothelioma.
October 03, 2018
Also this week, Apple Defense Sours in Throttling Cases.
September 26, 2018
At times against the objections of the lawyers, particularly for the defense, Los Angeles Superior Court Judge Margaret Oldendorf interviewed jurors, reiterated jury instructions, ordered more oral arguments and replaced a juror with an alternate.
September 26, 2018
Also on deck, a look at Yahoo's bargain over data breaches.
September 24, 2018
After a week of deliberations, the jury failed to reach a verdict, telling the judge they were deadlocked at 8 to 4.
September 24, 2018
Facebook Inc.'s content moderators had to see videos and images of "child abuse, rape, torture, bestiality, beheadings, suicide, murder."
September 21, 2018
Yahoo's attorney and lead plaintiffs’ counsel told U.S. District Judge Lucy Koh in the multidistrict litigation in federal court in California that both sides had reached an “agreement in principle.”
September 19, 2018
Plus: A look at the law firm accused of luring women into unnecessary surgery, and arbitration roadblocks in the Uber data breach.
September 18, 2018
Monsanto cited a 2017 ruling in a case involving Johnson & Johnson's powder, in which the judge vacated a $417 million verdict due to lack of evidence.
September 18, 2018
The lawsuit is the first filed after explosions in the Merrimack Valley region that forced thousands to evacuate, injured over 20 and killed one on Sept. 13.
September 17, 2018
The judge rescheduled a hearing on lead counsel motions for next month.
September 16, 2018
So far, there's no clear victor in trials aimed at resolving 9,000 cases over the medical devices.
September 12, 2018
After kicking off with two verdicts awarding over $140 million, the docket of more than 6,000 cases alleging "low testosterone" treatments caused heart attacks and bloodclots comes to an end in a global settlement.
September 12, 2018
This week, we look at the lawsuits stemming from Elon Musk's tweets about making his company private. Also up — a report claiming the SEC's the reason for more crypto suits.
National Law Journal |Analysis
September 11, 2018
A Lex Machina report found that securities lawsuits filed over cryptocurrencies or bitcoin have tripled so far this year as SEC chairman Jay Clayton announced a crackdown on that industry.
September 07, 2018
The only class action brought on behalf of consumers of Johnson & Johnson’s baby powder was focused on the lack of warning labels, but the appeals court said the class had no standing.
September 05, 2018
Kavanaugh, a judge on the U.S. Court of Appeals for the D.C. Circuit, has a thin record when it comes to class actions. But it doesn’t mean the topic didn’t come up, as consumer advocates fretted about his impact on tort law.
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