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litigation 1073 articles

DePuy artificial hip lawsuits consolidated in Ohio

Lawsuits filed against Johnson & Johnson by patients who were harmed by DePuy artificial hip implants will be overseen by one federal judge in Toledo, Ohio. The Judicial Panel in Multidistrict Litigation has stated that the number of lawsuits being filed over the faulty DePuy hip implants prompted the panel to consolidate the cases to “serve the convenience of the parties and witnesses and promote the just and efficient conduct of the litigation.” A number of class action lawsuits and hundreds of individual lawsuits over the DePuy hip implants, which were recalled last August, are being filed in courts throughout ... Read More

Chinese drywall maker to gut and repair 300 Southeastern US homes

Three hundred homeowners in Florida, Louisiana, Alabama, and Mississippi will have their homes gutted of toxic Chinese drywall and repaired, thanks to an agreement reached between lawyers representing the affected families, manufacturer Knauf Plasterboard Tianjin Co., and a number of drywall suppliers, home builders, and insurers. Tons of Chinese drywall entered the United States after the national construction boom and  Hurricane Katrina’s devastation of New Orleans created a shortage of domestically produced drywall. The corrosive, foul-smelling drywall from northeastern China made its way into thousands of homes of across the country, primarily in the South. Under the agreement, Knauf and the other ... Read More

Court filings accuse Toyota of repurchasing defective vehicles

Court filings in class action litigation against Toyota regarding cases of sudden unintended acceleration allege the auto manufacturer repurchased vehicles from owners who reported the defect, and forced them to sign confidentiality agreements promising not to discuss the complaint, according to a story in the Detroit Free Press. Attorneys in the litigation also allege that Toyota ran tests on the repurchased cars, and its technicians were able to replicate the problem, which they have been adamant in the past that they could not do. According to the Free Press, the new information was revealed in a 1,056-page document filed Wednesday ... Read More

Toyota quietly settles Saylor case, abandons co-defendant dealership

Toyota Motor Corp. has reached a settlement with the families of Mark Saylor and his wife and brother-in-law over the high-profile crash near San Diego last year that killed all the occupants of a rented Lexus ES 350, including the Saylors’ 13-year-old daughter. According to court filings, the settlement was reached quietly sometime in June and Toyota has formally requested that the details of the settlement be kept confidential. The Saylors were killed in August 2009 after their car sped out of control on a California freeway, careening off the road and exploding. Mark Saylor, a California Highway Patrol officer, was on ... Read More

Regions, Morgan Keegan relationship stronger despite legal woes

A recent report in the Memphis Business Journal says the relationship between Regions Financial Corp., based in Birmingham, Ala., and its investment arm, Morgan Keegan & Co., located in Memphis, Tenn., has sweetened. At a recent “Investor Day” event held in New York City, the Business Journal reports company executives talked about strengthening the relationship between the two organizations, and Regions heads included Morgan Keegan as part of the company’s “strategic future.” Last December, and as recently as March of this year, there were rumors that Regions was planning to unload the investment brokerage in order to raise capital to ... Read More

Discovery moves forward in Toyota MDL

U.S. District Judge James Selna, who is overseeing the consolidated cases against Toyota Motor Corp. related to millions of vehicle recalls in 2009 and 2010, primarily for issues of sudden unintended acceleration (SUA), has approved the discovery plan for the multidistrict litigation (MDL). Hundreds of lawsuits have been consolidated under Judge Selna’s court, based in Orange County, California. Beasley Allen attorney W. Daniel “Dee” Miles, head of the firm’s Consumer Fraud section, has been appointed to the Toyota MDL (case 8:10-ml-02151-JVS-FMO), to the Liaison Committee for personal injury and wrongful death. The judge’s order will allow the first phase of ... Read More

Reglan (metoclopramide) jury trial to begin next week

An Atlanta woman is suing Pliva, Inc., makers of the prescription heartburn medication metoclopramide, alleging that the drug company failed to adequately warn physicians of the long-term risks involved with taking metoclopramide. Susan Swicegood says metoclopramide caused her to suffer from a debilitating neurological disorder known as Tardive Dyskinesia, which involves involuntary muscular movements. The lawsuit was filed in the United States District Court, Northern District of Georgia, Atlanta Division, and will be heard by a jury next week. According to the complaint, Swicegood was prescribed 10 mg Reglan to be taken four times daily. Reglan is the brand name ... Read More

Sugar company to pay $6 million in penalties after deadly plant blast

A Georgia sugar company will pay more than $6 million in penalties for the February 2008 explosion at its Port Wentworth, Georgia, plant and subsequent health and safety violations discovered at the company’s other facility in Gramercy, Louisiana. The explosion at Imperial Sugar Co. claimed the lives of 14 workers and seriously injured dozens of others. The company reached an agreement with the Occupational Safety and Health Administration after months of litigation following the accident. Imperial Sugar will pay $4,050,000 in penalties for 124 violations found at its Port Wentworth plant after the explosion, plus an additional $2 million for the ... Read More

Fleet Phospho-soda kidney damage lawsuits consolidated, settled in MDL

Judge Dan Polster of the United States District Court for the Northern District of Ohio recently issued a settlement order consolidating Fleet Phospho-soda laxative litigation. The order is Oral Sodium Phosphate Solution (OSPS) MDL 2066. The settlement will resolve most cases involving injuries caused by Fleet Phospho-soda. The transfer order, filed June 23, 2009, consolidated 38 actions under Section 1407 in the Northern District of Ohio. The MDL was  assigned to the Honorable Ann Aldrich for coordinated or consolidated pretrial proceedings. According to the order, the Panel on Multidistrict Litigation determined all actions included in the suit share factual questions ... Read More

Judge orders birth control pill makers to turn over files for litigation

District Judge David Herndon is ordering sales representatives who pushed the oral contraceptives Yasmin, Yaz, Ocella and Gianvi to produce all their files and communications for national litigation. The order covers “all written materials, video and/or audio tapes” and includes training materials, e-mails, voice mail transcripts, summaries of meetings, incentive and goal plans, and all communications between representatives and managers. Herndon also ordered Bayer Health Care Pharmaceuticals, Bayer Schering Pharma, Barr Laboratories, and Teva Pharmaceuticals to produce records from their facilities. Herndon was appointed to preside over numerous lawsuits from across the country from women who claim they were seriously ... Read More