The Litigation Counsellor®
Experts for Plaintiffs’ in Talc MDL Pass Daubert Test
On April 27, 2020, New Jersey District Court Judge Freda L. Wolfson ruled that most of the plaintiffs’ experts in the Talc Multidistrict Litigation (“MDL”) met the stringent scientific requirements of the Daubert standard. The ruling is being hailed as a major victory by the plaintiffs in the suit. Had Judge Wolfson granted in full the defendants' request to bar the plaintiffs’ expert testimony, the MDL would likely have collapsed.
Burger King’s Impossible Whopper Faces Class Claims that Product isn’t Vegan
On November 18, 2019, was with class action claims were filed in federal court in the Southern District of Florida, against fast-food giant Burger King, alleging that the restaurant’s new meat alternative “Impossible Whopper” burgers are not truly vegan.
Class Claims Filed in Illinois Federal Court over Breast Implant Cancer Risk
On September 20, 2019, class claims were filed in U.S. District Court for the Central District of Illinois against breast implant manufacturer Allergan alleging that the defendant’s BIOCELL textured saline- and silicone-filled breast implants cause an increased risk of developing breast implant-associated anaplastic large cell lymphoma (“BIA-ALCL”).
GM Facing Class Claims over Defective Car Touch Screens
On September 16, 2019, a proposed class action was filed in the Southern District of California against General Motors (“GM”), alleging that GM concealed a known defect from its U.S. customers who purchased or leased certain Cadillac models equipped with GM’s Cadillac User Experience navigation/radio touch screen display (“CUE System”).
Ulta Shoppers Press Illinois Federal Court for Class Certification Over Used Makeup
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
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
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
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.”
Philadelphia Woman Awarded $500K in Verdict against Johnson & Johnson
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.
GM Facing Class Claims Over Chevy Malibu Defects
On May 24, 2019, class claims were filed in Maryland federal court against General Motors LLC (“GM”) alleging that the American car maker knowingly sold and leased thousands of 2016-2018 Chevy Malibu vehicles (“class vehicles”) equipped with a defective electronic throttle control and/or accelerator pedal position sensor.
Harley Davidson Faces Class Claims Over Faulty Brakes
On April 16, 2019, class claims were filed against famed motorcycle manufacturer, Harley Davidson Motor Company (“Harley Davidson”) in federal court in the Northern District of California. The suite alleges that the company knowingly sold tens of thousands of motorcycles with a hidden and dangerous defect in its anti-lock braking system (“ABS”).
Baby Monitor Makers Face Class Claims over High-Tech Product
On April 12, 2019, two concerned mothers filed class claims in federal court in Utah against Owlet Baby Care Inc. the makers of the popular Smart Sock baby monitor, alleging that the company intentionally misled and deceived consumers as to the true nature of its product.
Top 5 Mass Torts of 2018
In the mass tort realm, 2018 proved to be a year of high-volume verdicts and settlements coupled with highly publicized cases. As the year comes to a close, here is a look back at some of the noteworthy cases that saw significant developments over the past 12 months.
Ford Faces Class Claims over Defective Engines in Texas Ambulances
On July 6, 2018, American automaker Ford Motor Company was served with proposed class claims filed by Texas ambulance company, TacMed Holdings Inc., which claims that Ford was aware of serious engine defects in its Transit Vans for years prior to issuing a safety recall.
Bayer and J&J Hit with New Lawsuit over Irreversible Xarelto Side Effects
Although filed separately, the wives of Thomas Walsh and Joseph Roman are the latest to officially accuse Bayer HealthCare Pharmaceuticals Inc. and Janssen Pharmaceuticals of concealing life threatening risks associated with the use of their blood thinner, Xarelto. On July 10,2017 in New York State court, the couples filed claims alleging negligence, strict products liability, breach of warranties, fraudulent misrepresentation, fraudulent concealment, negligent misrepresentation and fraud and deceit, and are seeking compensatory damages.
