US Choose Wipes Out Settlement of Claims Over Harvey Weinstein Sexual Abuse. Plus: Decade of Tort Instances Complete $26B in Damages

Welcome to Critical mass, Law.comweekly briefing for class action and mass killings attorneys. “Wrong” and “disgusting” are words a judge uses to describe a Settlement of $ 19 million class actions to the Harvey Weinstein’s victim. Find out which law firms and defendants has surfaced most often Lex Machina’s crime records. The federal judge in the Opioid MDL is back in the hot seat defending his decisions before the Sixth circuit.

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Richter wipes out Weinstein class settlement

Twenty minutes.

That’s how long it took US District Judge Alvin Hellerstein a proposed $ 19 million class action lawsuit for victims of Media mogul and convicted rapist Harvey Weinstein. During a telephone hearing on Tuesday, the judge called the settlement “wrong”.

Yikes And that was just in the preliminary approval phase.

The move was a huge setback for us New York Attorney General Letitia James and plaintiff’s lawyers Elizabeth Fegan (FeganScott) and Steve Berman (Hagens Berman) – which incidentally also had to revise a $ 240 million class action lawsuit settlement for victims of former Gynecologist George Tyndall from the University of Southern California before you get final approval.

So what happened First of all, Hellerstein called a Defense fund for Weinstein’s legal costs, paid for by insurance, “disgusting,” according to Variety. He also seemed to have concerns Class members had no identical damage. For some, Weinstein allegedly raped them; others had just met him. That is a common debate When comparing sexual abuse, attorneys often argue about whether such claims are more suitable for individual rather than class action based on the individual experience of each victim.

Tom McParland, my colleague covering the hearing, told me:

“Hellerstein said he would not be granting a class certificate because the plaintiffs weren’t similarly positioned, and I think he saw the deal as an end to the certification issue. Hence the “wrong” quote. “

Lex Machina Tallies Tort Damages at $ 26B over 10 years

Lex Machina came out with a different legal analysis tool this time focused on pies. The LexisNexis The company has collected 192,000 criminal cases pending in federal district courts since 2009 to date. According to the data, The damage amounted to nearly $ 26 billion in this period inclusive Punitive damages of $ 9 billion.

In a July 9 press release, cakes were defined as the “friction of everyday life”, such as: Slips and falls and lawsuits over Car accidents, medical malpractice, liability for premises and Injuries. Lex Machina marked three major mass experiments: the 9/11 attacks, the 2010 Deepwater Horizon oil spill and the environmental cases related to a Doe Run lead smelting in Peru. The category excludes product liability issues, which Lex Machina analyzes as a separate category.

The data revealed the Top Law Firms based on the number of criminal cases from July 1, 2019 to July 10, 2020: Maroon Marvel Bradley, Hunton Andrews Kurth and The Law Office of Nations. The top defendants in premises liability, the legal data expert Anne Wise Kann (Lex Machina) told me they were comprised of 47,000 cases Wal-Mart stores, target and Home Depot.

May told me that the cases against retailers don’t surprise them, but here’s what it did: the number of lawsuits against the federal government under the Federal law on tort. She said:

“We’ve seen a lot of medical malpractice cases under the Federal Torts Claim Act from Virginia hospitals and a whole lot against the US Postal Service that I wasn’t expecting.”

Judge: ‘Dangerous Fiction’ in the opioid MDL

US District Judge Dan Polster is back before that Sixth circuit after defending yourself Defendant in a high profile opioid trial moved to again throw him from the massive multi-district litigation.

A brief background: Last year the big drug distributors claimed he showed it Bias towards plaintiffsbut the Sixth Circle refused to disqualify him. But the distributors have settled down a dozen pharmacies ready to go Trial on November 9th petitioned the Sixth Circuit this year contesting Polster’s decisions. The Sixth Circle stated on April 15 that the first was a “clear abuse of discretion” that challenged the others.

The update: On June 30th, the pharmacies filed a motion to enforce the Sixth Circle mandate Assign the MDL to another judge mainly because Polster limited the pending trial to a public harassment process against the pharmacies. “The District Court’s recent behavior only adds to the semblance of partiality that has undermined this litigation,” they wrote.

Polster insisted on a July 7 file that he did it adhered to the mandate of the Sixth Circle. Then he added the following:

“To put it bluntly, the petitioners’ claim that my every decision was” tainted “by” partiality “and that I” maneuvered “the litigation so that I could force a predetermined outcome … is a dangerous fiction. ” he wrote.

The following also happens:

Study Up: Colleges and Universities are Preparation for a contentious autumn semesterto make sure the Coronavirus does not spread to their campus and, if so, and students are sent home, Belted up more class actions to reimburse tuition fees. Among other things, schools are revising housing contracts and considering arbitration agreements with their students.

Melee mask: A defendant in one upcoming asbestos study in Oakland, California asked if Potential judges should wear face masks. Fryer-Knowles Inc.. that should begin see say on Wednesday, filed a petition to the July 9th California Supreme Court Judges suggest, “can give an answer while grinning or smiling under their masks.” The petition asked for Selection rules of the jury apply nationwide to avoid “a patchwork of inconsistent practices”. The California Supreme Court rejected the petition on July 10th.

Food fight:: Public Justice would have hoped to revive one of the first cases where a statutory obligations of the employer to keep Employees safe during the COVID-19 pandemic. The case claims Smithfield Foods failed to protect workers at a meat processing plant in Missouri. U.S. District Judge Gregory Kays had dismissed the case and came to the conclusion OSHA was responsible. On Tuesday, Kays refused to reconsider his decision, citing the US Supreme Court‘s Decision of May 29th That has led public health officials to take on the challenge of a San Diego church California Governor Gavin NewsomWorship limits due to COVID-19.

Thank you for reading Critical Mass. Stay safe and I’ll be back next week!

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