Class Action Defense Cases-In re TJX Security Breach: Judicial Panel On Multidistrict Litigation (MDL) Grants Plaintiff’s Motion To Centralize Class Action Lawsuits And Agrees District of Massachusetts Is Appropriate Transferee Court

Judicial Panel Grants Request, Unopposed by Defense, for Pretrial Coordination of Class Action Lawsuits Pursuant to 28 U.S.C. § 1407 in the District of Massachusetts Six class action lawsuits (four in Massachusetts, and one in Alabama and Puerto Rico) were filed against TJX and others seeking damages arising out of the electronic theft of confidential customer data from TJX’s computer system. In re In re The TJX Cos., Inc., Customer Data Security Breach Litig.

Class Action Court Decisions Multidistrict Litigation Uncategorized

Class Action Defense Cases-In re Mirapex: Judicial Panel On Multidistrict Litigation (MDL) Grants Defense Motion To Centralize Class Action Litigation But Selects District of Minnesota As Transferee Court

Judicial Panel Grants Defense Request, Opposed by Plaintiffs, for Pretrial Coordination of Class Action Lawsuits Pursuant to 28 U.S.C. § 1407 but Rejects Defense Request to Transfer Class Actions to Southern District of New York or to District of Connecticut More than fifty (50) products liability class action lawsuits were filed, the vast majority in the District of Minnesota, against various defendants alleging adverse side effects from use of the drug Mirapex, and challenging the timeliness and adequacy of defendants’ warnings concerning those side effects.

Class Action Court Decisions Multidistrict Litigation Uncategorized

Class Action Defense Cases-In re Kugel Mesh: Judicial Panel On Multidistrict Litigation (MDL) Rejects Defense Opposition To Centralization Of Class Action Lawsuits And Selects District of Rhode Island As Transferee Court

Judicial Panel Grants Plaintiffs’ Requests, Opposed by Defense and Other Plaintiff Lawyers, for Pretrial Coordination of Class Action Lawsuits Pursuant to 28 U.S.C. § 1407 and Sends Class Actions to District of Rhode Island

Thirteen (13) class action lawsuits were filed in 13 different courts located in 11 different states against various defendants, including C.R. Bard and its wholly-owned subsidiary Davol (common defendants in all class actions) and Surgical Sense and WCO Medical Products (defendants in only one class action), asserting products liability claims allegedly caused by defects in various models of hernia patches manufactured and sold by Bard, Davol or Surgical Sense. In re Kugel Mesh Hernia Patch Products Liab. Litig., ___ F.Supp.2d ___, 2007 WL 1853819, *1 (Jud.Pan.Mult.Lit. June 22, 2007). Plaintiffs’ lawyers in the Alabama and Rhode Island actions moved the Judicial Panel for Multidistrict Litigation (MDL) an order centralizing the class actions for pretrial purposes pursuant to 28 U.S.C. § 1407, each requesting transfer to the district court in which their action already was pending, _id._ The Tennessee plaintiffs opposed pretrial coordination entirely, while the Arkansas plaintiffs supported centralization only as to those class actions that contained certain claims but otherwise opposed centralization, _id._ All defense attorneys opposed centralization, alternatively arguing for transfer to Arkansas or Missouri, _id._ Other plaintiffs in various districts supported transfer to various districts and under various circumstances, providing the Judicial Panel with no consensus from which to work, _id._ The Judicial Panel granted the motion to centralize the class actions over the objection of defense and certain plaintiff lawyers, finding that “all actions involve common questions of fact” in that they “share factual questions concerning such matters as the design, manufacture, safety, testing, marketing and performance” of hernia patches manufacture and sold by Bard, Davol and Surgical Sense, _id._

The Judicial Panel summarized defense arguments in opposition to centralization of the class action lawsuits as follows: “common facts do not predominate among the actions, as the actions involve different models of hernia patches and allege various types of defects; the number of pending actions does not warrant centralization; alternatives to centralization are available; and the pending actions differ substantially in the causes of action pleaded, and thus the evidence required. Additionally, the parties to the Western District of Arkansas action argue that the hernia patch at issue in that action was manufactured and distributed by a different, unrelated company. Plaintiffs to the Arkansas actions argue that two types of actions should not be included in MDL-1842 proceedings: (1) those actions that do not allege that the recoil ring is defective; and (2) those actions that arise from a procedure, or the installation of a hernia patch, that may create a higher risk of infection in the patient.” In re Kugel Mesh, at *2. The Panel rejected these arguments, explaining that “Section 1407 does not require a complete identity or even a majority of common factual or legal issues as a prerequisite to transfer.” Id. The Panel further explained at *2,

Class Action Court Decisions Multidistrict Litigation Uncategorized

Class Action Defense Cases-In re Motor Fuel: Judicial Panel On Multidistrict Litigation (MDL) Grants Defense Motion To Centralize Class Action Lawsuits But Selects District of Kansas As Transferee Court

Judicial Panel Grants Defense Request for Pretrial Coordination of Class Action Lawsuits Pursuant to 28 U.S.C. § 1407 but Rejects Defense Request to Transfer Class Actions to District of New Jersey Twelve putative class action lawsuits were filed in seven federal district courts (four in Missouri, two in Kansas and Oklahoma, and one in California, Kentucky, New Jersey and Tennessee) against more than 100 oil companies, distributors and retailers “relating to the sale of motor fuel at temperatures greater than 60 degrees Fahrenheit.

Class Action Court Decisions Multidistrict Litigation Uncategorized

Class Action Defense Cases-In re Pilgrim’s Pride: Judicial Panel On Multidistrict Litigation (MDL) Grants Defense Motion To Centralize Class Action Litigation And Selects Western District of Arkansas As Transferee Court

Judicial Panel Grants Defense Request, Unopposed by Plaintiffs, for Pretrial Coordination of Class Action Lawsuits Pursuant to 28 U.S.C. § 1407 but Elects to Transfer Class Actions to Western District of Arkansas Five class action lawsuits (two in Alabama, and one in Arkansas, Tennessee and Texas) were filed against Pilgrim’s Pride by current and former employees alleging violations of the federal Fair Labor Standards Act (FLSA). In re Pilgrim’s Pride Fair Labor Standards Act Litig.

Class Action Court Decisions Multidistrict Litigation Uncategorized

Class Action Defense Cases-In re Imagitas: Judicial Panel On Multidistrict Litigation (MDL) Grants Defense Motion To Centralize Class Action Litigation But Selects Middle District Of Florida As Transferee Court

Judicial Panel Grants Defense Request for Pretrial Coordination of Class Action Lawsuits Pursuant to 28 U.S.C. § 1407 but Agrees with Plaintiffs’ Request to Transfer Class Actions to Middle District of Florida Eight nationwide and statewide class action lawsuits were filed against Imagitas arising out of “the propriety of Imagitas’s performance of certain contracts involving the departments of motor vehicles of six states” alleging that the company violated the federal Drivers’ Privacy Protection Act, 18 U.

Class Action Court Decisions Multidistrict Litigation Uncategorized

Class Action Defense Cases-In re Midland National Life: Judicial Panel On Multidistrict Litigation (MDL) Grants Motion To Centralize Class Action Lawsuits But Selects Central District of California As Transferee Court

Judicial Panel Grants Request, Unopposed by Defense, for Pretrial Coordination of Class Action Lawsuits Pursuant to 28 U.S.C. § 1407 but Rejects Moving Plaintiff’s Request to Transfer Class Actions to Southern District of Iowa Class action lawsuits were filed in Iowa and California federal courts against Midland National Life Insurance Company alleging deceptive marketing and sale of annuities to seniors. In re Midland Nat’l Life Ins. Co. Annuity Sales Prac. Litig.

Class Action Court Decisions Multidistrict Litigation Uncategorized

Class Action Defense Cases—In re TFT-LCD: Judicial Panel On Multidistrict Litigation (MDL) Grants Motion To Centralize Class Action Litigation And Selects Northern District of California As Transferee Court

Judicial Panel Grants Request for Pretrial Coordination of Class Action Lawsuits Pursuant to 28 U.S.C. § 1407 in the Northern District of California, Rejecting Request of Separately Moving and Non-Moving Plaintiffs to Transfer Class Actions to Alternative Districts Twenty federal antitrust class action lawsuits were filed in four different states against various defendants alleging a “conspiracy to fix the price of thin film transistor-liquid crystal display (TFT-LCD) panels, which are used in computer monitors, flat panel television sets, and other electronic devices”; the majority of these class actions – 13 of the 20 – were filed in the Northern District of California, and three of the class actions were filed in the District of New Jersey.

Class Action Court Decisions Multidistrict Litigation Uncategorized

Class Action Defense Cases—In re Orthopaedic Implant: Judicial Panel On Multidistrict Litigation (MDL) Grants Defense Motion To Centralize Class Action Litigation In Southern District of Indiana As Transferee Court

Judicial Panel Grants Defense Request, Unopposed by Plaintiffs, for Pretrial Coordination of Class Action Lawsuits Pursuant to 28 U.S.C. § 1407 of Class Action Lawsuits Alleging Antitrust Conspiracy Four federal antitrust class action lawsuits, two in Tennessee and two in Indiana, were filed against various defendants alleging that they “engaged in a conspiracy to artificially increase, maintain, and/or stabilize prices of orthopaedic implants.” In re Orthopaedic Implant Device Antitrust Litig., 483 F.

Class Action Court Decisions Multidistrict Litigation Uncategorized

Class Action Defense Cases—In re Graphics Processing: Judicial Panel On Multidistrict Litigation (MDL) Grants Plaintiff’s Motion To Centralize Class Action Litigation And Agrees Northern District of California Is Appropriate Transferee Court

Judicial Panel Grants Request, Supported by Defense, for Pretrial Coordination of Class Action Lawsuits Pursuant to 28 U.S.C. § 1407 in the Northern District of California, Rejecting Request of Non-Moving Plaintiffs to Transfer Class Actions to Central District of California Seven federal antitrust class action lawsuits were filed against various defendants alleging a “conspiracy to fix the price of graphics processing units, which are a type of specialized semiconductor”; all but one of these class actions were filed in the Northern District of California, with the remaining class action filed in the Central District of California.

Class Action Court Decisions Multidistrict Litigation Uncategorized