Class Action & Mass Torts

On March 20, 2019, in Frank v. Gaos, 586 U.S. ___ (2019), the United States Supreme Court sidestepped a novel question regarding a cy pres class action settlement, instead remanding the case back to the lower courts with instructions to consider Article III standing issues in light of the high court’s 2016 decision in Spokeo, Inc. v. Robins.[1] In the class action context, cy pres refers to the practice of distributing settlement funds to…
FDA Announces Valsartan Recall In July 2018, the U.S. Food and Drug Administration (FDA) issued a recall of a number pharmaceutical drugs containing valsartan used to treat hypertension (high blood pressure) and heart failure due to the increased risk of certain cancers associated with NDMA. Not all drugs containing valsartan were named in the recall. The following were named in the recall: Major Pharmaceuticals valsartan products Solco Healthcare valsartan products Teva Pharmaceuticals Industries Ltd. valsartan…
We have written extensively on this blog about personal jurisdiction and how the U.S. Supreme Court’s decision in Bristol-Myers Squibb Co. v. Superior Court of California changed the rules regarding specific jurisdiction.…
You have seen a lot of commercials and have probably been searching the internet for some straightforward explanations about Valsartan Lawsuits. Very simply, Valsartan (aka Diovan) is part of a class of drugs, including Losartan (aka Cozaar) and Irbesartan (aka Avapro), that are used in different combinations to treat heart failure, high blood pressure and certain effects of diabetes. The Valsartan drugs basically block a natural chemical in the body called angiotensin II, which…
In May 2018, a class action, as well as multiple personal injury cases, were filed against Gilead Sciences, Inc. (Gilead), for claims surrounding the promotion of the manufacturer’s TDF HIV/AIDs drugs. The allegations included: Gilead’s marketing and distribution of the TDF drugs, when a safer alternative (TAF) was known; Failure to adequately warn of the potential risks; and, Misrepresentation of the drugs’ safety and efficacy. Currently, Plaintiffs allege kidney and bone injuries as a result…
Reportedly, the U.S. Consumer Product Safety Commission (CPSC) is notifying companies of what could be considered a data breach, an unauthorized release of confidential information that did not go through the procedures of 15 U.S.C. § 2055” – known colloquially as “6(b),” because they are found in Section 6(b) of the Consumer Product Safety Act (CPSA).…
Recently, the Supreme Court of the United States granted certiorari in the matter of Rotkiske v. Klemm. At issue is whether the discovery rule tolls the statute of limitations under the Fair Debt Collections Practices Act (FDCPA). The controversy is centered on the FDCPA statutory text, “the date on which the violation occurs,” 15 U.S.C. § 1692k(d), and whether such language governs in a dispute or the discovery rule tolls the statute of limitations. The…
By: Michael Jacobsen, Christopher DeGroff, and Gerald L. Maatman, Jr. Seyfarth Synopsis:  On April 10, 2019, the EEOC released its comprehensive enforcement and litigation statistics for Fiscal Year 2018.  The release arrived a few months later than usual – likely due to the recent government shutdown – but still packed a punch in several respects, including to the back-drop on retaliation and sex discrimination charges in the midst of the #MeToo movement, the number…
We’ve previously published analyses on the California Air Resource Board’s (ARB) case settlements related to cosmetic products, but there are a whole host of other consumer products also subject to ARB enforcement. We thought it would be helpful to provide some insight into these as well.…
More games of cat and mouse Following the Supreme Court’s decision in Epic Systems Corp. v. Lewis, 138 S. Ct. 1632 (2018), plaintiffs have tried to come up with strategies to address the impact of arbitration agreements in class and collective cases. (We blogged the Epic Systems decision here). Defendants, in turn, have had to address courts that have limited or that have refused to enforce such agreements despite the broad holdings in the Epic Systems…