Welcome to Critical MassLaw.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.

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 PARTNERS

Microsoft Excel – Quick Reference Guide

This Microsoft Excel Reference provides shortcuts, tips, and tricks for the spreadsheet software. Use this reference to brush up on the basics and to find alternative methods to your favorite commands. This printable quick reference is yours to use, distribute, and share at your organization! READ MORE


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.

MeanwhileAlfonso 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 ComebackPrincess 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 BattleMcDonald'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 Circuit sent 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.