Category Archives: MDL

Recall lawyer on MDLs and class actions: What’s the best fit?

A recalled metal hip implant is the subject of a mass tort, but a recalled can of peanut butter might lead to a class action lawsuit. Likewise, claims over a defective camera are treated as a class action, while injuries caused by dangerous hormone therapy medication are dealt with using a mass tort vehicle known…

DePuy ASR hip implant settlement: $4 billion for injured patients

A $4 billion proposed settlement for thousands of patients injured by the recalled DePuy ASR hip implant will finally provide some relief for people who had the device removed from their bodies. Jones Ward PLC represents dozens of people injured by the ASR, a metal-on-metal hip implant that fails at an unreasonably high rate. The…

CAFA Does Not Apply to State Mass Tort Action, Says 9th Circuit

The Ninth Circuit recently held that a coordinated mass tort action can remain in California state court despite the Class Action Fairness Act (CAFA). The reason was that the plaintiffs– approximately 1,500 of them– wanted to join their cases for discovery and pretrial purposes only. CAFA requires mass actions to be litigated in federal court…