The Litigation Counsellor®

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3M Faces $13M Verdict in Earplugs Litigation

Libby Vish, Esq. | VP, Business Development

On Monday, November 15, 2021, a Florida jury awarded more than $13 million to Army Sergeant Guillermo Camarillorazo, holding 3M liable for hearing loss resulting from the use of defective earplugs in combat. The jury awarded Sgt. Guillermo $816,395 in compensatory damages and $12,245 in punitive damages. This is the largest jury verdict to date. Previous jury verdicts were in the amounts of $8.2 million, $7.1 million and $1.7 million.

J&J Talc Bankruptcy Transferred to New Jersey Court

Libby Vish, Esq. | VP, Business Development

On November 10, 2021, U.S. Bankruptcy Judge Craig Whitley of the U.S. Bankruptcy Court in the Western District of North Carolina, issued an order transferring claims against Johnson & Johnson (“J&J”) related to its talc-based products to a federal court in New Jersey where the multidistrict litigation, In re: Johnson and Johnson Talcum Powder Products Marketing, Sales Practices and Products Liability, is currently pending.

Parties in J&J Sunscreen Litigation File Joint Notice of Settlement

Libby Vish, Esq. | VP, Business Development

On October 29, 2021, parties in the In Re: Johnson & Johnson Aerosol Sunscreen Marketing, Sales Practices and Products Liability Litigation told the judge they had reached a tentative settlement agreement. Last month, the cases were consolidated into a Multidistrict Litigation (“MDL”) in front of U.S. District Judge Raag Singhal in the Southern District of Florida.

J&J Talc Bankruptcy Potentially Heading to New Jersey

Libby Vish, Esq. | VP, Business Development

On October 25, 2021, U.S. Bankruptcy Judge Craig Whitley of the U.S. Bankruptcy Court in the Western District of North Carolina, issued an order instructing a Johnson & Johnson (“J&J”) subsidiary to show cause why the case “should not be transferred to another judicial district where venue is proper.”

Zantac MDL Targets First Bellwether Trial in Mid-2023

Libby Vish, Esq. | VP, Business Development

On October 25, 2021, parties in the Zantac MDL participated in a court conference via Zoom to present to Judge Robin L. Rosenberg of the Southern District of Florida a proposed joint plan for selection of bellwether cases in the Zantac litigation. Plaintiffs in the litigations all similarly allege that they developed cancer after taking the heartburn drug.

3M Reaches $99M Settlement to Resolve PFAS Litigation in AL

Libby Vish, Esq. | VP, Business Development

On October 19, 2021, 3M announced a settlement of nearly $99 million with plaintiffs alleging contamination of the Tennessee River. The claims were filed in federal court in the Northern District of Alabama and state court in the Circuit Court of Morgan County, Alabama.

Carcinogenic Sunscreen Suits Consolidated in Southern District of FL

Libby Vish, Esq. | VP, Business Development

On Friday, October 8th, 2021, the Judicial Panel on Multidistrict Litigation (“JPML”) consolidated suits related to Johnson & Johnson Sunscreen Products, sending claims to U.S. District Judge Anuraag Singhal in the Southern District of Florida. The lawsuits were filed against Johnson & Johnson (“J&J”) and Costco Wholesale Corporation by a group of plaintiffs alleging J&J’s Aveeno and Neutrogena-branded sunscreen products were contaminated with benzene, a carcinogen.

On Friday, October 8th, 2021, the Judicial Panel on Multidistrict Litigation (“JPML”) consolidated suits related to Philips Sleep Apnea Devices. The claims were sent to U.S. District Judge Joy Flowers Conti in the Western District of Pennsylvania. The lawsuits were filed against Koninklijke Philips NV (“Philips”) by a group of plaintiffs alleging the defendant manufactured defective sleep apnea breathing machines.

On September 28, 2021, a motion for class certification was filed in the United States District Court for the Western District of Washington by the plaintiffs in a proposed class suit against video gaming company, Valve Corp. (“Valve”), alleging that the defendant took advantage of minor children by failing to disclose that its virtual “loot boxes” simulate online gambling.

On September 27, 2021, class claims were filed in the Court of Common Pleas of Philadelphia County against the Wurzak Hotel Group Mark LLC, which operates the Hilton Philadelphia City Avenue and the Sheraton Valley Forge properties, alleging that the defendant violated the contract entered into with the plaintiffs by refusing to refund any of the fees or deposits paid to the hotel in anticipation of the plaintiffs’ fall 2020 wedding reception, which was cancelled due to state COVID-19 restrictions.

On September 24, 2021, class claims were filed in the U.S. District Court for the District of Colorado against the U.S. Department of Defense Secretary Lloyd Austen, U.S. Department of Health and Human Services Secretary Xavier Becerra, Food and Drug Administration Acting Commissioner Janet Woodcock and the United States of America arguing that the defendants cannot force military members to submit to a COVID-19 vaccine.

On September 21, 2021, attorneys for Turnbull and Lake Counties filed a bench brief asking Northern District of Ohio Judge Dan Aaron Polster to exclude 39 potential jurors from the upcoming bellwether trial in the opioid litigation because they have not been vaccinated against COVID-19.

In the brief, the plaintiffs argue that allowing unvaccinated jurors on the jury will likely cause disruptions during the proceedings and an increased risk of a mistrial.

United Airlines Faces Class Claims Over Employee Vaccine Mandate

Elizabeth DiNardo, Esq. | Associate Counsel

On September 21, 2021, class claims were filed in U.S. District Court for the Northern District of Texas against United Airlines Inc. (“United”) by a group of employees who allege that the airline has discriminated against employees who have resisted the companywide COVID-19 vaccine mandate based on religious or medical grounds.

In the complaint, named plaintiffs David Sambrano, David Castillo, Kimberly Hamilton, Debra Jennefer Thal Jonas, Genise Kincannon and Seth Turnbough describe how on August 6, 2021, United’s CEO Scott Kirby announced a companywide COVID-19 vaccine mandate which requires employees to receive a COVID-19 vaccine within five weeks of the FDA granting full approval to a vaccine or five weeks after September 20, 2021, whichever came first.

On September 16, 2021, streaming giant Netflix was served with defamation and invasion of privacy claims by 1960’s chess prodigy, Nona Gaprindashvili, who alleges that she was portrayed in a belittling and grossly sexist manner by Netflix in its popular series, The Queen’s Gambit.

In the complaint filed in the U.S District Court for the Central District of California, the plaintiff describes her career as a pioneer of women’s chess and how she became a beloved symbol of female empowerment in her native country of Georgia.