September 27, 2024 LAWSUIT LEADERBOARD | LEGAL MARKETING | TOP LEADS | GET LEADS Welcome to the TGIF edition of Law News for You—brought to you by LawyersandSettlements.com.
Lawsuit Leaderboard
The Top 10 legal news stories our readers were most interested in this week.
#1 Over $1Billion added to J&J Talc Settlement ProposalNew Brunswick, NJ - Johnson & Johnson boosted its $9 billion proposed settlement to over $10.1 billion to resolve potentially 100,000 talc lawsuits claiming its baby powder caused ovarian and other gynecological cancers. The proposal, which will be paid over 25 years, has created a rift with plaintiffs’ lawyers, one of whom rejected previous proposals to settle the cases through bankruptcy court and now approves.
#2 Suboxone Tooth Decay Lawsuits Reflect Only Part of HarmCleveland, OH - As of September 2024, 674 lawsuits have been consolidated in the multidistrict Suboxone Film Productions liability litigation (MDL) in the Northern District of Ohio. These dangerous drug lawsuits allege that the sublingual film prescribed to treat opioid addiction also caused devastating tooth decay and long-term dental damage. For many patients, this led to costly treatments and a diminished quality of life.
#3 Ozempic Linked to Serious Pain in the PocketbookWashington, DC - On September 24, the Senate Committee on Health Education Labor and Pensions (HELP) will hear testimony from Lars Jorgensen, Novo Nordisk CEO, about why American consumers pay as much as ten times more for Ozempic and Wegovy than patients in the U.K. and the Netherlands. The popular diabetes and weight loss drugs have already been linked to serious side effects. These well-documented Ozempic side effects include stomach paralysis, a rare form of blindness, thyroid cancer and bowel obstruction.
#4 Johnson & Johnson Strikes BackTrenton, NJ - On March 27, District Court Judge Michael Shipp issued a brief order that permits J&J to contest scientific evidence linking talc products to ovarian cancer. The ruling could seriously disrupt the 53,796 talcum powder lawsuits that have been consolidated in the District Court for the District of New Jersey. The order cites recent changes in the law and new scientific evidence. The changes in law – specifically the federal rules governing expert witnesses -- may have a significant impact on class action lawsuits in general.
#5 Wells Fargo Settles Disability Discrimination Suit for 22.1 millionCharlotte, NC - A former Wells Fargo Securities supervisor was awarded $22.1 million by a federal court jury in Charlotte last month. Christopher Billesdon’s disability and age discrimination lawsuit accused the San Francisco-based bank of violating the Americans with Disabilities Act and wrongful discharge under North Carolina state law.
#6 Back to the Thorny Issue of ERISA ArbitrationGrand Rapids, MI - On July 28, a three-judge panel for the Sixth Circuit heard arguments in Bradley Fleming v. Kellogg Co. a lawsuit that addresses, once again, the question of whether claims of fiduciary mismanagement against an ERISA plan can be forced into arbitration. It is significant that Fleming’s ERISA lawsuit advances claims against the Kellogg Company Savings and Investment Plan on behalf of the plan itself, as well as the plan’s individual participants. To date, the panel has not yet rendered a decision.
#7 J&J Offers $6.48 Billion to Settle Ovarian Cancer Talcum Powder LawsuitsTrenton, NJ - In May, Johnson & Johnson offered to pay roughly $6.48 billion over 25 years to settle all current and future talcum powder lawsuits. These lawsuits allege that baby powder containing asbestos-contaminated talc caused ovarian cancer. Erik Haas, J&J's worldwide vice president of litigation, insists that this offer is fundamentally different than the two that courts rejected before. If accepted, it would resolve 99.75 percent of J&J’s remaining talc lawsuits in the U.S.
#8 Last Dance, Last Chance for the Texas Two-Step in J&J Talc LitigationTrenton, NJ - Until mid-2023, the Johnson & Johnson talcum powder cancer lawsuits consolidated in the District Court of New Jersey have been essentially frozen in place, while the Third Circuit Court of Appeals evaluated J&J’s bankruptcy petitions. The stay involved a complicated bankruptcy scheme, commonly known as the “Texas two-step,” which would have permitted J&J to limit its financial liability by shifting the cancer claims to a newly-created, but severely underfunded subsidiary.
#9 TJ Maxx Violates California Labor Laws – AgainLos Angeles, CA - A T.J. Maxx employee claims that thousands of its California employees had to work through their rest breaks but were forced to mark otherwise on their time sheets. The retailer is facing other California labor violations stated in the proposed class action, which the retailer has a habit of repeating.
#10 Tesla Discrimination Class Action to TrialSanta Clara, CA - A racial discrimination class action lawsuit against Tesla filed in 2017 will go to trial in September 2025, said Alameda County Superior Court Judge Noël Wise during a case management conference in August. Noting that the plaintiff filed his California labor complaint in 2017, Judge Wise said that, "everybody, the plaintiffs and the defense, needs to have closure on these issues." It was the third racial discrimination lawsuit filed against Tesla that year and the first to seek class action status.
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