The Litigation Counsellor®

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September 11, 2019, a Connecticut Superior Court Judge Carl Schuman upheld a $542,464 verdict against pharmaceutical giant, Boehringer Ingelheim, originally awarded in May 2019 in the ongoing Pradaxa litigation.

The suit was originally filed in May 2016 by plaintiff Eugene Roberto. Plaintiff alleged that Boehringer Ingelheim’s label for its popular blood thinning drug Pradaxa, did not adequately warn about the risk of bleeding. The suit, which by this time was merged with the Pradaxa multidistrict litigation (“MDL”), was selected by the plaintiffs’ steering committee to go to trial as a bellwether case.

Cannabis Co. Stoned by Potential Class Action After $143M IPO

Elizabeth DiNardo, Esq. | Associate Counsel

On September 9, 2019, a proposed class of investors filed a complaint in the Supreme Court of the State of New York against Sundial Growers over its $143 million IPO. Named plaintiff, Trisha Peters, filed the complaint after news surfaced regarding a defective order of cannabis that contained visible mold, parts of rubber gloves and “other non-cannabis material,” according to the complaint.

Being Mindful: A conversation with Attorney Roopal Luhana

Elizabeth DiNardo, Esq. | Associate Counsel

In today’s world of social media influencers and so-called self-help gurus, it has suddenly become trendy to be focused on self-care, meditation and mindfulness. However that same world, combined with constant communication, has made our lives busier than ever often resulting in relegating self-care to the bottom of our to-do lists. This can be especially true for working mothers who want to give their all to both their career and their family, often putting themselves last in the order of importance. But self-care isn’t just a passing fad—it is an important part of modern life and is crucial to living a well-balanced life. In this edition of Women in the Law, we profile a successful attorney who has made self-care and meditation central to her day-to-day life.

On August 13 2019, a three-judge panel in New Jersey’s appellate court rejected condominium developer K. Hovnanian’s bid to have architectural firm RTKL pay its share of a $4 million jury verdict. The panel found that RTKL should not pay Hovnanian’s $3 million share of the jury verdict for its decision to push construction forward on a 132-unit condominium despite knowing the plywood used was not flame retardant.

J&J Hit with $575M in Oklahoma Ruling over Opioid Crisis

Elizabeth DiNardo, Esq. | Associate Counsel

On August 26, 2019, Oklahoma state court Judge Thad Balkman found Johnson & Johnson (“J&J”) responsible for causing the opioid crisis in Oklahoma, and ordered that J&J must pay $572 million to repair the damage. This ruling comes almost six weeks after the conclusion of a seven-week bench trial, where state attorneys successfully proved J&J and its subsidiary Janssen Pharmaceuticals Inc., created a public nuisance by overstating the benefits of narcotic painkillers while downplaying the risk for addiction.

Cosmetic Company agrees to $3.3M Settlement in False Advertising Suit

Elizabeth DiNardo, Esq. | Associate Counsel

On August 13 2019, cosmetic company Younique agreed to a $3.25 million settlement, ending class action claims alleging that the company falsely marketed its mascara product as containing “natural fibers.” The settlement fund’s purpose is to make payments to customers in 11 states who bought the “Moodstruck 3D Fiber Lashes” between 2012 and 2015 based upon the assumption Younique used natural fibers in the production of the lashes.

Texas Homeowners Seek $50M in Damages over Flooded Properties

Elizabeth DiNardo, Esq. | Associate Counsel

On August 19, 2019, punitive class claims were filed in Texas District Court against Enterprise Products Partners LP, Oiltanking Partners LP and CenterPoint Energy. alleging that the defendants’ actions severely damaged class members’ property and diminished property values in surrounding areas.

On August 2, 2019, a group of dissatisfied customers filed a motion for class certification in federal court in the Eastern District of Illinois. Plaintiffs are seeking a 17-state potential class action against cosmetics retail giant Ulta Beauty.

JUUL Facing Class Claims For Targeting Teens

Elizabeth DiNardo, Esq. | Associate Counsel

On July 19, 2019, a group of young adults filed suit against the popular vape pen manufacturer, JUUL, in California state Superior Court, County of San Francisco, alleging that the company targets nonsmoking youth with their marketing tactics in order to create a new generation of life-long nicotine addicts.

Ford Faces Class Claims over Inaccurate Emissions Ratings

Elizabeth DiNardo, Esq. | Associate Counsel

On July 22, 2019, American automotive giant Ford Motors Co. was hit with a staggering $1.2 billion putative class action lawsuit in Michigan federal court alleging that Ford manipulated its coastdown testing and used inaccurate drag and resistant figures to boost the vehicles’ EPA mileage ratings, making the vehicles more appealing to potential buyers.

Lead Paint Case Settled for $305 Million after Decades-Long Fight

Elizabeth DiNardo, Esq. | Associate Counsel

On July 17, 2019, ConAgra Grocery Products Company, Sherwin Williams and NL Industries came to an agreement with ten counties in California that alleged the companies’ lead-based paint was the cause for a public health crisis in California. The settlement brings to an end nearly 20 years of litigation and demands each company pay a sum of $101,666,666.67—totaling $305 million—to be paid to the plaintiffs. The settlement states that the monies will be used “to address public health hazards, bodily injury, personal injuries, and property damage related to Lead Paint.”

Appellate Court Remands Case for Improper Jury Instructions

Elizabeth DiNardo, Esq. | Associate Counsel

On July 11, 2019, a California state appeals court found that a jury had heard erroneous instructions involving a plaintiff who hit a freeway barrier to avoid an errant flying mattress. The appellate panel found that the lower court erred in permitting a special exception that “excuses law violations if a defendant can prove it tried but could not comply with the law.”

Philadelphia Woman Awarded $500K in Verdict against Johnson & Johnson

Elizabeth DiNardo, Esq. | Associate Counsel

On June 28, 2019, a Philadelphia jury awarded $500,000 to plaintiff Linda Dunfee, against Johnson & Johnson, which was found liable for design defects in a pelvic mesh implant that left plaintiff in severe pain. This marks the ninth verdict against Johnson & Johnson and in favor of plaintiffs injured by pelvic mesh design defects.

BMW Hit With Class Claims Over Malfunctioning Motorcycle

Elizabeth DiNardo, Esq. | Associate Counsel

On July 5, 2019, BMW of North America LLC was met with proposed class claims in New Jersey federal court alleging that the company placed their customers in harm’s way by selling motorcycles with defective gear indicators; which, in turn heightened the risk of accidents, as well as opening the door to other safety issues. Named plaintiff Daniel Casey argued that the gear indicators in the motorcycle intermittently displayed the wrong gear or no gear at all. This phenomenon has been a point of a complaint by numerous customers, according to Casey.