Welcome to Critical Mass, Law.com's weekly briefing for class action and mass tort attorneys. Attorneys general in New York and California filed lawsuits this week against e-cig maker Juul. What are people saying about the first Congressional hearing over "snap removals?" Find out who the lawyers are in the litigation over the Walmart mass shooting in Texas.

Feel free to reach out to me with your input. You can email me at [email protected], or follow me on Twitter@abronstadlaw.


SPONSORED BY ALM

Thought Leader in Emergent Technologies Added to Legalweek Keynote Lineup

With a gift of clearly explaining complex—and confusing—technologies, Blockchain researcher Bettina Warburg (Co-Founder and Managing Partner of Warburg Serres Investments and Animal Ventures) joins the keynote line up at Legalweek New York. READ MORE

New York State Attorney General Letitia James (AP Photo/Richard Drew)
|

States Sue Juul For Creating a Public Nuisance

State attorneys general now are suing e-cigarette maker Juul Labs, most recently New York Attorney General Letitia James, who announced a lawsuit on Tuesday. Juul, in marketing its products to children, helped create what she called the "teen vaping epidemic." She said she decided to sue after the first New York resident, a 17-year-old from the Bronx, died last month due to vaping.

The suit comes one day after California Attorney General Xavier Becerra and Los Angeles County District Attorney Jackie Lacey brought a separate case against Juul.

The New York and California cases bring numerous claims, including public nuisance, for which they seek abatement to cover costs associated with the vaping epidemic.

"I am prepared to use every legal tool in our arsenal to protect the health and safety of our youth," James said in a statement.

North Carolina was the first state to sue Juul earlier this year. In August, Attorney General Josh Stein filed eight more lawsuits against other e-cigarette companies, some of which have shut down.

The cases are all in state courts, separate from the multidistrict litigation pending in federal court in San Francisco, where U.S. District Judge William Orrick has given attorneys until Dec. 19 to provide an "initial census" of the cases before appointing lead counsel.


Arthur Hellman
|

Congress Hears Snapshot of "Snap Removals."

The U.S. House Judiciary Committee's Subcommittee on Courts, Intellectual Property and the Internet held the first Congressional hearing on "snap removals," which are increasingly prevalent, particularly in product liability and mass tort actions, as more courts transition to electronic filings. The practice, approved by at least two federal circuit courts of appeal, refers to when defendants remove certain cases to federal court before being "properly joined and served" with a lawsuit in state court.

Here's where you can watch the hearing, which featured witnesses Ellen Relkin (Weitz & Luxenberg), Kaspar Stoffelmayr (Bartlit Beck), Arthur Hellman (University of Pittsburgh School of Law) and James Pfander (Northwestern University Pritzker School of Law).

Here's some responses to the hearing:

American Association for Justice CEO Linda Lipsen: "Corporate defendants are going to extreme lengths to preserve snap removal as a tool to avoid accountability, including fleeing in the opposite direction when they see complaints about to be served. And instances of this tactic continue to skyrocket, delaying justice for victims and creating an imbalance between injured parties and corporations."

DRI President Philip Willman: "The beneficiaries of the proposal in question are not traditional plaintiffs who chose to file a lawsuit in their local state court. Instead, the actual beneficiaries are a small group of entrepreneurial plaintiffs who forum shop for a state court that they believe will be most favorable to their case."


|

Who Got the Work?

Walmart has turned to Laura Enriquez (Mounce, Green) to represent the retailer in lawsuits brought by the families of victims of the Aug. 3 mass shooting at its store in El Paso, Texas, as well as in a counterclaim against the shooter. That's according to this story by my colleague Angela Morris, who also reported on attorneys representing 36 plaintiffs, including Patrick Luff (Ammons Law Firm), Stephen Stewart (The Stewart Law Firm), Sandra Reyes (Law Office of Sandra M. Reyes), Brice Burris (Fears Nachawati) and Randy Sorrels (Abraham Watkins).


Here's what else is happening:

Opioid Cost: An Oklahoma judge issued his final judgment on Friday in the first trial over the opioid crisis, ordering Johnson & Johnson to pay $465 million to fund a state abatement program. The dollar figure, reduced by $107 million due to a mathematical error, was less than the original $572 million bench verdict, and the judgment did not adopt the plaintiffs' view that the abatement program should extend for more than a year. Johnson & Johnson also lost its argument that the judgment should apply $355 million in credits based on Oklahoma's settlements with other drug companies in the case. Johnson & Johnson said it plans to appeal.

Equifax Objection: Class action critic Ted Frank has objected to the $1.4 billion data breach settlement with Equifax. In a Tuesday filing, Frank (Center for Class Action Fairness, Hamilton Lincoln Law Institute) said the deal unfairly compensates some customers over others and awards excessive fees to plaintiffs' attorneys. Plaintiffs' lawyers have asked for $77.5 million in fees. A final approval hearing is Dec. 19.

Certification Hangups: The U.S. Court of Appeals for the Eleventh Circuit reversed certification of a class action alleging DirecTV called its customers in violation of the Telephone Consumer Protection Act. The panel found that most of the estimated 16,800 class members lacked standing because, unlike the named plaintiffs, they had not asked DirecTV to stop.

Beef Bummer: A Georgia vegan eater has filed a class action against Burger King alleging its Impossible Whopper was cooked on the same grills as meat patties. David Healy (Dudley, Sellers) represents the plaintiff, Phillip Williams, who filed his lawsuit in the Southern District of Florida.


And speaking of food, I'll be taking a break from Critical Mass next week in lieu of Thanksgiving Day. Thanks again for reading, and I'll be back on Dec. 4!