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litigation 1042 articles

Intel Plaintiffs Want Class Actions Consolidated In California

Plaintiffs in a proposed class of consumers suing Intel over its “Meltdown” and “Spectre” flaws are urging the Judicial Panel on Multidistrict Litigation to consolidate five lawsuits in California’s Northern District. The plaintiffs allege that Intel’s security patch for the Meltdown and Spectre flaws, which potentially allow hackers to access the contents of computer systems and smartphones, slows computer processing speeds. According to Law 360, two plaintiffs filed a putative class action against Intel in California’s Northern District within a day that news of the Intel microprocessor vulnerabilities broke. Those initial lawsuits were followed by three additional class actions that ... Read More

Federal court swells with additional talc ovarian cancer cases

A Supreme Court ruling in a Bristol-Myers Squibb (BMS) case that limited where companies could be sued by requiring a stronger connection between the plaintiff’s claim and the company’s misconduct, has resulted in the near doubling of talc ovarian cancer cases consolidated in New Jersey federal court. Following the BMS ruling, Judge Freda L. Wolfson of the U.S. District Court for the District of New Jersey issued an order that allowed plaintiffs to re-file their cases in the consolidated litigation in order to avoid the potential challenge of jurisdiction. Since Wolfson’s order, more than 1,900 plaintiffs – most of whom ... Read More

VW Emissions Settlements Don’t Affect County Claims, Plaintiffs Argue

Settlements resolving claims over Volkswagen’s (VW) emissions cheat and the federal Clean Air Act do not bar air pollution complaints lodged by Hillsborough County, Florida, and Salt Lake County, Utah, lawyers for the counties told a California federal court. Volkswagen is pressing the U.S. District Court in San Francisco to toss the counties’ claims that they are entitled to compensation for pollution caused by VW’s emissions cheat under state laws. Those complaints are currently included in multidistrict litigation (MDL) consolidated in the California court. In 2014, West Virginia University researchers and other members of the International Council on Clean Transportation (ICCT) discovered ... Read More

Auto Safety Advocates Seek Release of Goodyear Tire Death Documents

Auto safety advocates are heaping pressure on federal authorities to divulge documents relating to Goodyear’s G159 tire, which has been linked to hundreds of tire-blowout crashes involving motorhomes, causing dozens of injuries and deaths. According to Arizona’s The Republic, the Center for Auto Safety, the nation’s leading auto safety advocacy group, has filed a request to the National Highway Traffic Safety Administration (NHTSA) under the Freedom of Information Act seeking death and injury claim information, tire-testing results, and other information concerning the Goodyear tires. Litigation involving Goodyear’s G159 tires has been ongoing for years, but the manufacturer’s lawyers successfully lobbied ... Read More

Whistleblowers Aid in $24 Million Recovery From Kool Smiles Dental Chain

Multiple whistleblower lawsuits alleging a pediatric dental chain and a dental management company systematically defrauded Medicaid programs in several states have led to a settlement of nearly $24 million. According to the U.S. Department of Justice, Kool Smiles Dental Clinics and dental management company Benevis LLC (formerly NCDR LLC) conspired to bill Medicaid programs for root canals and other dental procedures on children that weren’t medically necessary or never provided. According to the whistleblower complaints, Kool Smiles, which operates more than 130 dental clinics in 17 states, routinely pressured and incentivized dentists to meet production goals through a system that ... Read More

Lilly pulls Axiron from Korean market

Eli Lilly & Co. has taken its topical testosterone replacement therapy Axiron off the market in Korea after gaining the blessing of the country’s Ministry of Food and Drug Safety. The company said that it made the decision to withdraw the treatment from the market in Korea due to several factors including “low male menopause awareness and the existence of substitutable medicines.” Axiron was developed by Australian pharmaceutical company Acrux and marketed by U.S.-based Lilly. It was approved by the U.S. Food and Drug Administration (FDA) in 2010 for the treatment of hypogonadism, a condition in which men do not ... Read More

Judge aims to do ‘something meaningful’ to curb opioid epidemic

U.S. District Judge Dan Aaron Polster, the Ohio federal judge overseeing the multidistrict litigation (MDL) targeting drug manufacturers and distributors for fueling the opioid epidemic, emphasized the urgency in dealing with the litigation and the importance of doing “something meaningful to abate this crisis and to do it in 2018,” during the first hearing in the MDL. Addressing a crowded courtroom in the Northern District of Ohio, Judge Polster set a goal of drastically reducing the number of painkillers prescribed in the U.S. – medications that will kill more than 50,000 Americans in the year ahead. Judge Polster pointed out ... Read More

Team of lawyers to assist with lawsuits targeting opioid makers

U.S. District Judge Dan Polster approved a team of 22 lawyers to oversee the more than 180 lawsuits against companies accused of helping to fuel the national opioid epidemic. The team includes many of the same attorneys who helped land the $246 billion settlement with Big Tobacco. The proposed slate is broken down into various committees and working groups, and has room for more attorneys. The groups would be overseen by a plaintiffs steering committee, which has yet to be decided. A larger and much more detailed system for tackling the opioid litigation is needed because it is too large ... Read More

Jury selection begins in NJ talc case alleging mesothelioma

Jury selection is currently underway for the first case in New Jersey state court to go to trial against Johnson & Johnson over allegations that the consumer health care giant’s talcum powder-based personal hygiene products caused mesothelioma, a rare and aggressive cancer that develops in the lining of the lungs, abdomen or heart. Opening arguments are scheduled for Jan. 16, in Middlesex County Superior Court before Judge Ana Viscomi. The New Jersey case is the second to go to trial involving allegations that products like Johnson’s Baby Powder and Shower to Shower cause mesothelioma. The first, which ended late last ... Read More

AndroGel’s label did not warn of cardiovascular risks

AbbVie Inc., never mentioned on the safety label of its testosterone replacement therapy AndroGel that users were at an increased risk of cardiovascular events, including blood clots like those that lodged in the lungs of a man suing the drug company, his attorneys said in opening arguments to an Illinois federal jury this week. Robert Nolte’s case is the third bellwether trial AbbVie has faced in a multidistrict litigation of consisting of about 7,500 cases of men alleging testosterone treatment makers did not adequately warn doctors or consumers that their products were linked to an increased risk of heart attacks, ... Read More