Critical Mass: 'A Moral Issue': Black Mass Tort Lawyers on George Floyd Protests. Two Women Launch New Plaintiffs' Firm. Find Out Who's Fighting a COVID-19 Insurance MDL.
Two prominent African-American lawyers in mass torts, one for plaintiffs and one for defendants, share what the protests mean to them personally and professionally.
Welcome to Critical Mass, Law.com's weekly briefing for class action and mass tort attorneys. Two prominent African-American lawyers in mass torts, one for plaintiffs and one for defendants, talked to me about what the protests meant to them personally and professionally. Two lawyers launched a women-run plaintiffs' firm in the midst of the COVID-19 pandemic. Insurance firms, and some plaintiffs, do not want an MDL for cases brought over denied business interruption claims.
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Navan Ward, his wife Bridget, and sons Roman (left) and Jaxon (right) march to the Georgia Governor's mansion on June 7, 2020.
Mass Tort Lawyers Remark on Mass Protests
Joining the protesters hitting the streets in recent weeks over the death of George Floyd and police brutality were two prominent African-American lawyers in mass torts: Navan Ward (Beasley Allen) and Lisa Gilford (Sidley Austin).
I spoke to both of them about their reactions to the protests, both personally and professionally.
"This is a moral issue."
Ward, who is vice president of the American Association for Justice, told me:
"Floyd is the most recent in a long list of issues, of something I live with, other black and brown men and women trial attorneys live with, that is so ingrained in our life it's part of who we are, as part of a trial lawyer. It may, in some instances, allow us to better understand many of the clients we represent, as well as better understand many of the people in the juries that we have in cases in front of us, possibly unlike some of my non-black or brown colleagues." On what makes these protests different from those of the past, he said:
"We're at a point where many of our allies to justice, men and women, are forced to see what's going on, and there is no distraction they can participate in where it doesn't affect them as much, like it may have in the past. Now they're forced to see it, forced to deal with it. This is a moral issue, and anyone with any type of moral compass, with a conscience, should be affected by what they see."
"This is a moment in history I hope we will not squander" Gilford, who has worked with the NAACP's Legal Defense Fund on advocacy and fundraising for police reform initiatives, told me:
"I'm a little bit exhausted, because this is an issue I've been thinking about that's impacted me and my family personally, that I've been fighting for for years, but I'm also hopeful because I don't feel that I'm doing so alone now. And there is enough public attention and public outrage to put into place some long, long, long, overdue reforms and safeguards to fix the problem." About the legal community, she said:
"I've seen public and internal statements by managing partners of large law firms that I think really demonstrate a commitment on the part of the legal profession to ensuring racial equity, which I think is important. My law firm and others have committed their financial resources to civil rights organizations and committed to an extra effort to pro bono, providing pro bono assistance to racial justice issues, and it makes me proud to be part of a profession that recognizes their role in ensuring equal justice and racial justice in this country. This is a moment in history I hope we will not squander, and I have been pleased with the level of response and engagement I've seen, at least from private firms, on this issue."
Janine Pollack, left, and Regina Calcaterra, right, partners with Calcaterra Pollack. Courtesy photos/caption]
New Plaintiffs' Firm Opens Doors Despite Pandemic
The COVID-19 pandemic didn't stop attorneys Regina Calcaterra and Janine Pollack from launching their own firm focused on class actions and complex litigation. Both women, formerly at Wolf Haldenstein, launched Calcaterra Pollack last month with five of their former colleagues and an associate from Kelley Drye & Warren. The firm plans to bring class actions on behalf of shareholders and consumers alleging fraud, including during the pandemic.
Calcaterra Pollack joins several other firms run by female attorneys, many of whom have vied for leadership roles in multidistrict litigation. On that point, Pollack told me:
"It doesn't matter so much whether you are at your own firm or a very successful, experienced lawyer at another firm for purposes of an MDL. The judges are happy women are stepping forward. However, seeing a women-owned and women-led firm is a recognized distinction that we are very excited to be, and we have that, and we think that will be a strong frame of reference for getting appointed to MDLs."
Insurers Want a COVID-19 Coverage MDL Denied
Insurance firms filed more than two dozen briefs opposing multidistrict litigation coordination of at least 125 lawsuits filed by small businesses alleging their business interruption claims tied to the COVID-19 pandemic were wrongfully denied. According to a June 8 article in Reuters, insurers argued that there were too many differences to create an MDL, from the insurance policies to state COVID-19 lockdown orders. At least 10 briefs, however, came from plaintiffs opposing an MDL, which they insist would bog down their cases. Plaintiffs' reply supporting an MDL is due June 15.
Meanwhile: Alfonso Kennard (Kennard Law), who filed a May 29 motion for an MDL for eight cases brought against Bank of America over its handling of COVID-19 relief loans, filed a June 9 motion involving the same claims against Wells Fargo.
Here's what else is happening:
Cruise Comeback: Princess Cruise Lines, faced with dozens of lawsuits brought by passengers over COVID-19 exposure, filed its first motion to dismiss this month. The motion targeted 13 individual lawsuits alleging emotional distress from passengers who are seeking damages from potential exposure to the coronavirus. Such a claim, according to the defense motion, would "open the door to open-ended liability for every business, school, church, and municipality across America."
Beef Battle: McDonald's is due back in court today for a second day of testimony on a preliminary injunction sought by five employees in Chicago who allege the restaurant chain failed to give them adequate protection from COVID-19. The case is one of the few to ask a judge to order compliance with health guidelines relating to the coronavirus. On June 3, McDonald's lost an attempt to dismiss the case based on personal jurisdiction.
Amazon Action: In a case of first impression, the Third Circuitsent a case against Amazon.com to the Pennsylvania Supreme Court to determine whether the online marketplace was liable for a plaintiff's injuries when a dog leash, purchased from a reseller on its website, broke and hit her in the face. The ruling comes after the Third Circuit reheard the case en banc, following a split ruling that held Amazon could be liable. The Fourth and Sixth circuits have found Amazon not liable in similar cases.
Thanks for reading Critical Mass! Stay safe, and I will be back next week.
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J. Brugh Lower of Gibbons has entered an appearance for industrial equipment supplier Devco Corporation in a pending trademark infringement lawsuit. The suit, accusing the defendant of selling knock-off Graco products, was filed Dec. 18 in New Jersey District Court by Rivkin Radler on behalf of Graco Inc. and Graco Minnesota. The case, assigned to U.S. District Judge Zahid N. Quraishi, is 3:24-cv-11294, Graco Inc. et al v. Devco Corporation.
Rebecca Maller-Stein and Kent A. Yalowitz of Arnold & Porter Kaye Scholer have entered their appearances for Hanaco Venture Capital and its executives, Lior Prosor and David Frankel, in a pending securities lawsuit. The action, filed on Dec. 24 in New York Southern District Court by Zell, Aron & Co. on behalf of Goldeneye Advisors, accuses the defendants of negligently and fraudulently managing the plaintiff's $1 million investment. The case, assigned to U.S. District Judge Vernon S. Broderick, is 1:24-cv-09918, Goldeneye Advisors, LLC v. Hanaco Venture Capital, Ltd. et al.
Attorneys from A&O Shearman has stepped in as defense counsel for Toronto-Dominion Bank and other defendants in a pending securities class action. The suit, filed Dec. 11 in New York Southern District Court by Bleichmar Fonti & Auld, accuses the defendants of concealing the bank's 'pervasive' deficiencies in regards to its compliance with the Bank Secrecy Act and the quality of its anti-money laundering controls. The case, assigned to U.S. District Judge Arun Subramanian, is 1:24-cv-09445, Gonzalez v. The Toronto-Dominion Bank et al.
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Wilfred P. Coronato and Daniel M. Schwartz of McCarter & English have stepped in as defense counsel to Electrolux Home Products Inc. in a pending product liability lawsuit. The court action, filed Nov. 26 in New York Eastern District Court by Poulos Lopiccolo PC and Nagel Rice LLP on behalf of David Stern, alleges that the defendant's refrigerators’ drawers and shelving repeatedly break and fall apart within months after purchase. The case, assigned to U.S. District Judge Joan M. Azrack, is 2:24-cv-08204, Stern v. Electrolux Home Products, Inc.
Navan Ward, his wife Bridget, and sons Roman (left) and Jaxon (right) march to the Georgia Governor's mansion on June 7, 2020.
Janine Pollack, left, and Regina Calcaterra, right, partners with Calcaterra Pollack. Courtesy photos/caption]
