Category

Multidistrict Litigation (MDL)

Stryker Hip Implants Multidistrict Litigation Settlement Announced

By | Multidistrict Litigation (MDL), product liability lawsuits

On November 2, 2018, Stryker and National Plaintiff’s Leadership in MDL 2768 of the consolidated proceedings before Judge Talwani announced in Court a proposed Master Settlement Agreement (MSA) for eligible claimants. The Stryker Hip Settlement includes those cases filed in the MDL 2768 in Massachusetts, the MCL 624 consolidated proceedings in New Jersey and/or other jurisdictions for cases already filed and pending. It is believed the eligibility of the failed implants include both recalled and unrecalled cobalt chromium V40 heads and compatible stem system configurations including Accolade TMZF, Accolade 2, Citation, Meridian and Rejuvenate.

The initial settlement terms are confidential and were not publicly disclosed. The settlements amounts are believed to vary and criteria for amounts of individual offers will be based upon varying factors including the degree of harm and components necessitated to be removed. It was stated that the settlement will not settle all filed claims. It is believed, however, to be a substantial step to begin resolving claims in the underlying Stryker hip litigation. It is believed that this settlement will resolve the first cases picked for the initial Bellwether trials and discovery will be stayed through the Summer of 2019.

If your business is presently or may soon be involved in multidistrict litigation (MDL) in the United States, email us at info@businesslitigationcontingencylawyers.com or telephone us toll-free in the United States at 800-756-2143 to find MDL lawyers who may handle your MDL litigation matter on a contingency basis.

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Antitrust Lawsuits Filed Against Sinclair Broadcast And Tribune Media Regarding TV Advertising Consolidated Into MDL

By | Antitrust Litigation, Business Litigation, Multidistrict Litigation (MDL)

Maryland-based Sinclair Broadcast Group and Tribune Media Company are the defendants in more than a dozen antitrust lawsuits filed in various jurisdictions, contending that they committed antitrust violations involving TV advertising prices. The TV advertising antitrust cases filed throughout the United States were recently transferred and consolidated into Multidistrict Litigation (“MDL”) in Illinois, pursuant to an order of the U.S. Judicial Panel on Multidistrict Litigation earlier this month.

The antitrust lawsuits allege that the defendants stifled competition and raised, fixed, or stabilized television advertising prices throughout the United States, which resulted in advertising prices that were higher than they would have been in a competitive market. Sinclair Broadcast Group owns TV stations that reach 38% of U.S. households, and Tribune Media Company owns TV stations that reach 43% of U.S. households, according to the antitrust lawsuits.

The MDL case is captioned In Re: Local TV Advertising Antitrust Litigation, No. 2867.

One of the antitrust lawyers involved in the antitrust case filed in Maryland in August 2018 (Law Offices of Peter Miller, P.A. v. Sinclair Broadcast Group, Inc. et al, No. 1:18-cv-02316-TDC) alleges that the TV advertising market is susceptible to collusion because there is a limited number of TV station owners selling advertising, the barriers to entry into TV advertising are high, the TV advertising products are similar, the TV stations selling advertising have a common motive to maintain and increase their profits, and the TV stations had ample opportunities to conspire through industry associations and interactions.

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If your business is presently or may soon be involved in antitrust litigation in the United States, email us at info@businesslitigationcontingencylawyers.com or telephone us toll-free in the United States at 800-756-2143 to find antitrust lawyers who may handle your antitrust litigation matter on a contingency basis.

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Product Liability Cases Represent 90% Of All Multidictrict Litigation (MDL) Cases

By | Business Litigation, Multidistrict Litigation (MDL)

Lawyers for Civil Justice (LCJ), a national coalition of defense trial lawyer organizations, law firms, and corporations, issued a report on October 4, 2018 entitled “Rules 4 MDLs Calculating the Case” that found, based on its research of data from the Judicial Panel on Multidistrict Litigation (JPML), that product liability cases accounted for approximately 90% of all multidistrict litigation (MDL) cases that were pending at the end of fiscal year 2017. The LCJ further reported that products liability cases within MDLs represented 42% of the entire civil caseload as of the end of fiscal year 2017.

The LCJ found that MDL cases have more than tripled since the end of fiscal year 1992, increasing by 86,949 cases as of the end of fiscal year 2017. Over this same period, products liability cases in MDLs also have more than tripled, increasing by 76,398 cases. The growth in MDL products liability cases alone accounts for almost 88% of the growth in MDL cases since fiscal year 1992. The number of MDLs with  more than 1,000 pending cases also has surged since the early 1990s: as of September 2018, the number of MDLs with more than 1,000 cases has reached an all-time high of 24.

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What Is Multidistrict Litigation?

28 U.S.C. § 1407. Multidistrict litigation

(a) When civil actions involving one or more common questions of fact are pending in different districts, such actions may be transferred to any district for coordinated or consolidated pretrial proceedings. Such transfers shall be made by the judicial panel on multidistrict litigation authorized by this section upon its determination that transfers for such proceedings will be for the convenience of parties and witnesses and will promote the just and efficient conduct of such actions. Each action so transferred shall be remanded by the panel at or before the conclusion of such pretrial proceedings to the district from which it was transferred unless it shall have been previously terminated: Provided, however, That the panel may separate any claim, cross-claim, counter-claim, or third-party claim and remand any of such claims before the remainder of the action is remanded.

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If your business is presently or may soon be involved in multidistrict litigation (MDL) in the United States, email us at info@businesslitigationcontingencylawyers.com or telephone us toll-free in the United States at 800-756-2143 to find MDL lawyers who may handle your MDL litigation matter on a contingency basis.

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