Multidistrict Litigation

News & Analysis as of

GlaxoSmithKline Files Motion To Consolidate Zofran Litigation In Philadelphia

Zofran was developed to prevent nausea and vomiting caused by cancer chemotherapy. However, doctors prescribed it for the treatment of morning sickness in pregnant women. GlaxoSmithKline is the world’s seventh largest...more

Signal International, Inc. and Affiliates File Chapter 11; CFO Says Filing And Quick Sale Will Resolve 7 Years of Litigation And...

On July 12, 2015, Gulf Coast marine service operator Signal International, Inc. and four affiliates, including Signal Ship Repair, LLC, Signal International, LLC, Signal International Texas GP, LLC and Signal International...more

DePuy Pinnacle Filing and Litigation Update

The drug and medical device unit at Searcy Denney Scarola Barnhart & Shipley recently filed yet another products liability lawsuit against DePuy with regard to a failed DePuy Pinnacle metal-on-metal hip implant. This latest...more

Check-Out Time at the Hotel California?

We love our home state of California, but we have long bemoaned the widespread practice of what we call litigation tourism. That is where unrelated plaintiffs, sometimes thousands of them, from all corners of the U.S. join...more

June Xarelto Update – Science Day

Judge Fallon, the federal judge in New Orleans who oversees the MDL coordinated proceedings, held his most recent hearing for all of the pending Xarelto lawsuits on June 10, 2015. At that time, the judge was provided with a...more

How to Transfer a CAFA Mass Action to an MDL

We will never forget our first removal under the Class Action Fairness Act. It was circa 2006, shortly after President Bush signed CAFA into law, when we received word of a complaint against our client filed in California...more

The AMS Mesh Litigation

Since transvaginal mesh was first introduced into the market over 20 years ago, many hundreds of thousands of women have undergone operations where doctors have inserted vaginal mesh devices, threading them through incisions...more

The Ethicon Mesh Litigation

Since transvaginal mesh was first introduced into the market over 20 years ago, many hundreds of thousands of women have undergone operations where doctors have inserted vaginal mesh devices, threading them through incisions...more

The Bard Mesh Litigation

All filed federal product liability lawsuits claiming injuries with transvaginal mesh or bladder slings used for repair of pelvic organ prolapse (POP) and female stress urinary incontinence (SUI) are centralized. In February...more

The Transvaginal Mesh Litigation

Multidistrict litigation (MDL) is a consolidation of civil cases transferred from different jurisdictions around the country to a single U.S. District Court to achieve certain pre-trial efficiencies. All transferred cases...more

The Coloplast Mesh Litigation

In 2010, doctors in the United States inserted more than 70,000 mesh devices in patients, threading them through incisions in the vagina to fortify pelvic muscles that failed to support internal organs or to treat...more

The Boston Mesh Litigation

Mesh products have been regularly used to repair abdominal hernias since the 1950s. In the 1970s, gynecologists used surgical mesh products designed for abdominal hernia repair to repair prolapsed organs....more

Is This A Crack In The Bellwether?

We wrote recently on Lone Pine orders and the role they might play in today’s world of inventory litigation. You know what we are referring to – the mass litigation that occupies much of our time, where some people would say...more

Sixth Circuit Holds That Cases Directly Filed in MDLs Are Governed By Law of Where Case Would Have Been Filed

On May 22, 2015, the United States Court of Appeals for the Sixth Circuit Court of Appeals addressed an important choice-of-law issue for parties involved in multidistrict litigation. When multidistrict litigation is...more

Challenging Privilege Assertions: The Use and Abuse of Privilege in Class Action and Complex Litigation

Complex class action litigation involving major corporations can involve class periods going back years, with the potential for hundreds of thousands, or even millions of documents. Commonly included in such a document...more

Searcy Denney Files Another Lawsuit Over Defective DePuy Pinnacle Hip Implant

In early May, Searcy Denney mass tort lawyers Cal Warriner and Brenda Fulmer filed yet another lawsuit against Johnson & Johnson and DePuy Orthopaedics, Inc. This latest case was filed on behalf of a Southwest Florida...more

Xarelto Litigation Update – Jacksonville Filing

Brenda S. Fulmer, a 21-year veteran of drug and medical device litigation and a partner with Searcy Denney, filed an indivdual lawsuit against the manufacturers of Xarelto in federal court in Jacksonvillle this week. The case...more

Supreme Court Rejects FERC’s Preemption Argument and Permits State Antitrust Claims Against Interstate Pipelines to Proceed

On April 21, the U.S. Supreme Court issued an opinion in ONEOK, Inc., et al., v. Learjet, Inc. et al holding that state antitrust claims are not pre-empted by the Natural Gas Act. This important decision put the brakes on an...more

In re: Aluminum Warehousing: Cats Live for Another Day

On March 26, 2015, U.S. District Judge Katherine Forrest of the Southern District of New York, in a very colorful decision that metaphorically describes the plaintiffs as cats trying to locate a “rat” in the world of aluminum...more

Data Privacy and Security Insider

Judge Paul Magnuson, who is presiding over the Target multi-district class action litigation in Minnesota, preliminarily approved the parties’ proposed settlement of the litigation involving the infamous breach affecting up...more

Xarelto Cases Present Several Common Issues

In July 2011, the Federal Drug Administration (FDA) approved Xarelto, an oral anticoagulant prescribed for prevention of deep vein thrombosis, pulmonary embolism, and strokes in patients with atrial fibrillation. Based on...more

Injunction in Aid of Class Action Settlement Addressed by Seventh Circuit

Defendants who are defending multiple class actions involving the same issue in different jurisdictions can sometimes be faced with a quandary when they want to settle....more

Ninth Circuit Affirms Dismissal of Netflix Antitrust Suit

Last Friday, the Ninth Circuit affirmed the dismissal of a multidistrict class action brought by Netflix subscribers who claimed the company conspired with Walmart to dominate the online DVD sales and rental markets. In 2005,...more

Appellate Practice Roundup - February 2015

Over the past few months, a number of important appellate procedure opinions have issued in federal and California appellate courts regarding posttrial motions, appealability, and appellate jurisdiction under various...more

US Supreme Court Clarifies Appellate Rights in Multi-District Litigation Proceedings

In Gelboim v. Bank of America, the Supreme Court of the United States clarified the appellate rights of litigants in Multi-District Litigation. The Court's ruling in January expands the availability of appeal as an option to...more

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