Developments in Opioid, Sexual Abuse and Other Notable Litigations
In this edition of their Mass Torts Update, Edward E. Neiger and Troy Tatting discuss the mass tort litigations involving Elmiron, Allergan, Boy Scouts, Purdue and the February 2021 Texas power outages.
April 29, 2021 at 12:30 PM
8 minute read
Over 90,000 people alleging sexual abuse while involved with the Boy Scouts of America. More than 100,000 individuals claiming injuries from Purdue Pharma LP due to the opioid epidemic. A total of 246,831 Allergan BIOCELL breast implants recalled in the United States. See also Order at 6, In re: Allergan BIOCELL Textured Breast Implant Prod. Liab. Litig., 2:19-md-2921 (D.N.J. March 19, 2021) (hereinafter "Preemption Order"). Over 4.4 million customers without power across Texas during a cold weather storm. An $11 billion settlement for 100,000 individuals attributing their non-Hodgkins lymphoma diagnoses to the herbicide RoundUp. When a large corporation or other entities engage in courses of action (or inaction) that harm hundreds or thousands of individuals, "mass tort" litigation inevitably results. FJC, Manual for Complex Litig. (4th ed. 2004) at 342-44 (a mass tort emerges "when an event or series of related events injure a large number of people or damage their property"). This column provides a quarterly update on some of the latest developments in these massive, complex cases. This edition discusses the mass tort litigations involving Elmiron, Allergan, Boy Scouts, Purdue and the February 2021 Texas power outages.
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Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
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