Product Liability Ahead Week: August 30, 2021


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(Reuters) – Here are some upcoming events of interest to the product liability community. All times are local.

Monday August 30

8:30 a.m. – A discovery hearing is scheduled before investigating judge Jacqueline Scott Corley in San Francisco in the city’s lawsuit against drugmakers and others over the opioid crisis. Defendants in this case include Allergan of AbbVie Inc, Teva Pharmaceutical Industries Ltd and Endo International PLC, and pharmacy operator Walgreen Co. Claims against Johnson & Johnson and the nation’s three largest drug wholesalers are on hold pending the finalization of a regulation at the national level. The case has been selected as an indicator of approximately 3,000 opioid lawsuits pending in multidistrict litigation in the Northern District of Ohio.

The case is City and County of San Francisco v. Purdue Pharma LP, US District Court, Northern District of California, # 3: 18-cv-07591. For San Francisco: Robbins Geller Rudman and Dowd, Elizabeth Cabraser of Lieff Cabraser Heimann & Bernstein. For Allergan: Zac Byer from Kirkland & Ellis; for Teva: Zack Hill of Morgan, Lewis & Bockius; for Endo: Jeremy Kamras of Arnold & Porter; for Walgreens: Joshua Dick of Gibson Dunn & Crutcher.

9 a.m. – The 5th U.S. Court of Appeals to hear an appeal from three plaintiffs in the multi-district Chinese drywall dispute who say they were deprived of most of their recovery in a class-action settlement because the committee Director of the plaintiffs in the case mistakenly classified them as plaintiffs against the wrong manufacturer.

The case is Frego et al v. Settlement Class Counsel, 5th US Circuit Court of Appeals, No. 20-30596. For the appellants: Ed Rowan of Taylor Martino. For Class Counsel: Stephen Herman of Herman Herman & Katz.

Tuesday August 31

8:00 a.m. – An evidentiary hearing is scheduled before U.S. District Judge Casey Rodgers in Pensacola, Fla. In a multi-district dispute over 3M Co.’s combat earplugs. The judge will hear a expert testimony on the general scientific reliability of a diagnosis of so-called “hidden hearing loss” that does not appear on standard hearing tests, and will also examine choice-of-law issues for future cases. The plaintiffs at MDL, the largest in US history, allege that they suffered hearing loss or damage as a result of the use of earplugs.

The case is In re 3M Combat Arms Earplug Products Liability Litigation, US District Court for the Northern District of Florida, No. 19-md-2885. For the Complainants: Bryan Aylstock of Aylstock, Witkin, Kreis & Overholtz, Shelley Hutson of Clark, Love & Hutson and Chris Seeger of Seeger Weiss. For 3M: Mike Brock of Kirkland & Ellis.

Wednesday September 1

10:00 am – U.S. District Judge George Daniels in Manhattan to hear oral arguments on former Rochester Drug Cooperative Inc CEO Laurence Doud’s motion to dismiss an indictment accusing him of illegally distributing opioid drugs . Prosecutors said that despite the company’s obligations not to ship drugs to pharmacies it knew were dispensing drugs illegally, Doud agreed to ship opioids to pharmacies even when “red flags” existed. demonstrating that they were hijacking them. Doud, who ruled Rochester from 1991 to 2017, pleaded not guilty and denied any wrongdoing.

The case is US v. Doud, US District Court, Southern District of New York, # 19-cr-00285. For the United States: Assistant United States Prosecutors Alexandra Rothman, Louis Pellegrino, Nicolas Roos and Stephanie Lake. For Doud: Derrelle Janey from Gottlieb & Janey.

10 a.m. – Trial set to begin with jury selection in Waterbury, Connecticut, Superior Court in a case against gunmaker Remington Arms Co brought by family members of the victims of the Sandy Hook School massacre in 2012 in Newtown, Connecticut, in which 26 people died. The company last month offered $ 33 million to settle the claims of the nine families. The plaintiffs said their wrongful death claims likely totaled more than $ 225 million, with punitive damages potentially exceeding the total by $ 1 billion.

The case is Soto et al v. Bushmaster Firearms International LLC et al, Superior Court of Connecticut, Judicial District of Waterbury, No.UWY-CV15-6050025-S. For the Complainants: Josh Koskoff of Koskoff, Koskoff & Bieder. For Remington: Jeffrey Mueller of Day Pitney.

Do you know of an event that could be included in the coming week in product liability? Contact Brendan Pierson at

Brendan Pierson

Brendan Pierson handles product liability litigation and all areas of healthcare law. He can be reached at

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