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October 25, 2020
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Looks like New Jersey hosts Elmiron MDL
Looks like New Jersey hosts Elmiron MDL
Newark, NJ It’s a toss-up: whether to send 80 Elmiron vision loss lawsuits to Pennsylvania or New Jersey. Currently the latter seems to be the best bet. Lawyers have so far filed 80 Elmiron lawsuits and they anticipate hundreds more.

Google Worker Secrecy Agreements to face California Labor Lawsuit
Google Worker Secrecy Agreements to face California Labor Lawsuit
San Francisco, CA On September 21 the California Court of Appeals ruled that Google and Adecco USA, Inc., a staffing company, must face allegations that the confidentiality agreements required of all Google employees violate the California Labor Code. Among other remedies, Doe v. Google seeks penalties under the California Private Attorneys General Act (PAGA), in which as many as 65,000 Google employees might share. The sum of money could be massive, even for the tech giant.

C.R. Bard Hernia Mesh Trial Gets the Green Light
C.R. Bard Hernia Mesh Trial Gets the Green Light
Santa Clara, CA Federal hernia mesh lawsuits filed against C.R. Bard are proceeding with the first bellwhether trial scheduled for January 2021 (it was postponed due to COVID), despite numerous efforts by the medical device maker to have the case dismissed. This trial may well indicate the future of hernia mesh litigation and significantly impact up to 10,000 pending hernia mesh cases.

Injectafer Double Dose—Double Profit and Double Risk, and Dosage Discrepancy
Injectafer Double Dose—Double Profit and Double Risk, and Dosage Discrepancy
Santa Clara, CA Hypophosphatemia, an abnormally low level of phosphate in the blood, may be due to longer term or excess of certain drugs such as bisphosphonates, including Injectafer, but that may depend upon researchers conducting the clinical trials and the amount of the iron-deficiency drug treatment.

Bayer’s Bumps over Mosanto’s Roundup Litigation
Bayer’s Bumps over Mosanto’s Roundup Litigation
Santa Clara, CA Bayer stated on its website in June 2020 that it will make a total payment of $10.1 billion to $10.9 billion to resolve current and address potential future Roundup Litigation. The $10.1 billion figure will settle about 75 percent of Monsanto’s Roundup lawsuits by an estimated 125,000 people who claim exposure to its weed killer and other glyphosate herbicides caused them to develop the form of cancer called non-Hodgkin lymphoma.

OSF Church Plan Participants Settle for “ERISA Lite”
OSF Church Plan Participants Settle for “ERISA Lite”
Benton, IL Participants in the OSF Plans have agreed to settle an ERISA lawsuit, against OSF Healthcare System and related parties, which challenged the plan’s status a church plan. The settlement will require OSF to contribute $25 million over 5 years to the plans, and to provide participants with documents disclosing plan provisions and changes. In addition, participants will be permitted to request twice-yearly statements of their expected benefits.

California Farmworkers Compensated for Unpaid Rest Breaks
California Farmworkers Compensated for Unpaid Rest Breaks
San Joaquin, CA A group of farmworkers have finally been compensated after a California appeals court rejected their unpaid rest breaks--twice. The farm laborers first filed their California labor lawsuit in 2009 against their employer; the case went to court in 2014 and plaintiffs appealed in 2016.

More Firefighters File PFAS/PFOA lawsuits
More Firefighters File PFAS/PFOA lawsuits
Santa Clara, CA A former volunteer firefighter diagnosed with testicular cancer has filed a PFAS/PFOA lawsuit similar to many other firefighters nationwide. They allege a number of firefighting foam manufacturers did not warn firefighters that their fluorochemical products contained PFAS and/or PFPS, which are toxic and carcinogenic chemicals.

It’s “Your Money or Your Life” for Senior Workers
It’s “Your Money or Your Life” for Senior Workers
Sacramento, CA  A nationwide flood of Covid-19-driven age discrimination lawsuits suggests that similar surge in California labor lawsuits is imminent. A New York case may be a harbinger of things to come. In Kanyuk v. Shearman & Sterling, LLP, a 62-year-old employee was the first to be fired in a wave of Covid-19-related layoffs. The employer claimed that the layoff was necessary for economic reasons. The worker cried age discrimination.

Textured Breast Implants from Six More Manufacturers Linked to BIA-ALCL
Textured Breast Implants from Six More Manufacturers Linked to BIA-ALCL
Washington, DC  A recently published study links breast implant-associated anaplastic large cell lymphoma (BIA-ALCL) to implants manufactured by seven pharmaceutical companies. In addition to Allergan, the manufacturer of Biocell textured breast implants, the study names Mentor Worldwide, a unit of Johnson & Johnson, Silimed Polyurethane, Eurosilicone, Nagor, Orion, and Poly Implant Prothèse. Allergan faces at least 150 product liability and class action lawsuits. Mentor faces a smaller number, and none of the others are yet facing litigation.

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