The judicial panel on multidistrict litigation (JPML) has created an MDL to hear product liability lawsuits filed against the makers of prescription low testosterone products. Lawsuits involving testosterone replacement therapy (TRT) will be consolidated in the Northern District of Illinois with Judge Matthew F. Kennelly presiding over pretrial proceedings in […]
Search Results: discovery
How the proposed revisions to the federal rules might impact corporate conduct? We are hearing unpleasant news about the way…
Companies that produce products such as power tools, planes, motor vehicles and guns should be held to a higher standard of public responsibility than maybe, say blender manufacturers. A bad blender might ruin a good party, but it is unlikely to kill. Maim or injure people. One would have thought […]
The Wall Street Journal reports on conflict of interest disclosures that have evolved as a result of transvaginal mesh (TVM) lawsuits filed against healthcare giant, Ethicon, a division of Johnson & Johnson. Amid the hundreds of thousands of pages of documents provided in the 17,000 cases filed in federal court […]
While it is not official, Bloomberg is reporting that Coloplast A/S, one of the smaller manufacturers of transvaginal meshes, is said to be willing to settle a number of lawsuits for $16 million. Three different individuals tipped the news outlet, but none were reportedly authorized to speak. The Danish company […]
Even if you eventually win, being involved in transvaginal mesh litigation is an expensive proposition, so Endo Health Solutions has put aside at least $520 million to prepare for any outcome. Endo purchased American Medical Systems (AMS) in 2011 for $2.9 billion and in doing so acquired the AMS product […]
Today, the discovery of information in most litigation involves large amounts of digital documents and data. Corporate counsel goes through a painful hand wringing ritual every time they think about data preservation versus spoliation versus data destruction. You can hear the pain flow down from the corporate inner wards every […]
Spoliation of evidence has been defined by the courts as “the destruction or significant alteration of evidence, or the failure to preserve property for another’s use as evidence in pending or reasonably foreseeable litigation.” The concept behind this word defies one of the basic tenants in our legal system – […]
Plaintiffs’ lawyers handling thousands of transvaginal mesh cases filed in West Virginia have proven their contention that Johnson & Johnson (J&J) mishandled thousands of documents necessary for the pending litigation. Now what? Cheryl Eifert, a U.S. Magistrate judge from Charleston, W.V. ruled this week that the healthcare giant improperly lost […]
The start of 2014 has seen some very significant developments in the national Biomet metal-on-metal hip implant litigation. Perhaps the most significant development though is Biomet’s offering, and the court’s acceptance, of a settlement for claimants who have undergone revision surgeries. On February 3, 2014, Judge Miller entered an order […]