Texans for Lawsuit Reform

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In the News

Multidistrict Opioid Litigation Continues to Enrich Plantiffs’ Lawyers

Institute for Legal Reform, June 2, 2022

Multidistrict opioid litigation is once again being used to the advantage of plaintiffs’ lawyers. This very serious issue requires a victims-first approach, not a plaintiffs’-lawyer-payday-first approach.

Multidistrict litigation (MDL) is used to consolidate large numbers of similar lawsuits into one bundled lawsuit that a federal judge oversees during pretrial. The individual cases then get sent back to their respective originating courts. However, plaintiffs’ lawyers have been using MDLs to litigate questionable or meritless claims hoping that the large number of cases will pressure defendants to settle before ever making it back to the originating court. Now, plaintiffs’ lawyers in Ohio are cashing in on an additional advantage. The federal judge from Ohio who supervises multidistrict opioid litigation had ordered a certain percentage of future opioid settlements to be set aside for plaintiffs’ lawyers who have similar cases outside the MDL.

Judge Polster’s recent order requires a 7.5% portion of future settlements in opioid lawsuits to be deposited to a “common benefit fund” that would help multidistrict opioid litigation plaintiffs’ lawyers with expenses.

According to a Law 360 article, a petition asking the Sixth Circuit court to vacate much of the recent order was joined by more than 500 cities and counties from Arkansas, New Mexico, South Carolina, and Texas.

The Law360 article explained, “the petition sought a writ of mandamus “requiring that the district court … vacate its order obstructing discovery in petitioners’ state court cases and requiring that settlements and judgments in these state cases be paid in part into a federal court fund.” It alleged violations of due process, the Anti-Injunction Act, and state laws, among other things.

This new order diverts more settlement money away from victims and funnels more money to the plaintiffs’ executive committee (PEC) lawyers. The data described in the petition shows that “the PEC has already been reimbursed a thousand times over.”

This is not the first time Judge Polster has favored plaintiffs’ lawyers in opioid lawsuits. According to a 2020 Legal Newsline article, a federal appeals court admonished him as he oversaw thousands of opioid lawsuits against retail pharmacy chains. The appellate court said he overstepped his authority by allowing plaintiffs to amend their claims to include allegations pharmacy chains improperly filled prescriptions for narcotics.

The U.S. Court of Appeals for the Sixth Circuit stated that Judge Polster “was plainly incorrect as a matter of law” when he allowed two Ohio counties to add dispensing claims to lawsuits against several pharmacies more than 18 months after the deadline for changes had passed.

While MDL judges are supposed to help streamline litigation and organize pretrial activities, these judges hold enough power to help coordinate settlements. According to an ILR research report titled MDL Proceedings, MDL proceedings are morphing from a procedural device intended to create efficiencies in civil litigation (particularly pretrial discovery) into lawsuit magnets through aggressive advertising and highly sophisticated client recruitment strategies by plaintiffs’ lawyers. Due to the sheer number of cases that plaintiffs’ lawyers can accumulate, defendants have a difficult time fairly defending themselves without risking bankruptcy. It certainly does not help when judges show bias towards plaintiffs’ lawyers.

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Texans for Lawsuit Reform

5 hours ago

Texans for Lawsuit Reform

Nuclear verdicts are a major problem for the trucking industry, so much so that carriers are agreeing to settle multi-million dollar cases that likely have little merit rather than risk a trial. Read and share: bit.ly/3QsTlvT ... See MoreSee Less

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150 million reasons why nuclear verdicts need to be addressed

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Werner recently settled a lawsuit for $150 million, but the facts of the case may surprise you, including that the carrier is avoiding a nuclear verdict. On July 28, Omaha, Neb.-based Werner Enterpris...
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Texans for Lawsuit Reform

1 day ago

Texans for Lawsuit Reform

In case you missed it: Court cases are piling up after Dallas Judge Amber Givens recused herself from approximately 100 cases after attorneys alleged bias. Lawyers claim the ‘unprecedented’ recusals mean extended delays for defendants in jail or waiting for their hearings and an opening for more potential cases as former defendants come forward for retrials. Read and share: bit.ly/3oNQGRQ ... See MoreSee Less

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As recused cases from Dallas judge pile up, what's next? Attorneys warn of 'catastrophic' impact

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“People will stay in jail longer than they should be. People will not be able to make lawful requests they would normally be able to do,” said attorney Mark Lassiter DALLAS — Judge Amber Givens ...
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Texans for Lawsuit Reform

2 days ago

Texans for Lawsuit Reform

Plaintiffs who weren't physically harmed failed to show they have standing in a lawsuit blaming PFAS chemicals for a variety of health problems. Read & share: bit.ly/3zHhhoD ... See MoreSee Less

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Worry over getting sick not standing to sue, says CAVA in PFAS lawsuit

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SAN DIEGO (Legal Newsline) – Plaintiffs who weren’t physically harmed failed to show they have standing to sue, says a Mediterranean food restaurant chain accused of using packaging that contains ...
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lawsuitreform avatarTLR@lawsuitreform·
5h 1558121852370812928

Nuclear verdicts are a major problem for the trucking industry, so much so that carriers are agreeing to settle multi-million dollar cases that likely have little merit rather than risk a trial. Read & RT: #TruckingIndustry #nuclearverdicts

150 million reasons why nuclear verdicts need to be addressed

Werner recently settled a lawsuit for $150 million, but the facts of the case may surprise you, including that the carrier is avoiding a nuclear verdi...

bit.ly

Reply on Twitter 1558121852370812928Retweet on Twitter 1558121852370812928Like on Twitter 1558121852370812928Twitter 1558121852370812928
lawsuitreform avatarTLR@lawsuitreform·
23h 1557849660106375168

TLR is working to make the Texas legal system fair, efficient, and accessible for all. Learn more: #tortreform

About - Texans for Lawsuit Reform

TLR's objective is to restore litigation to its traditional and appropriate role in our society. A lawsuit takes a heavy emotional and financial toll ...

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lawsuitreform avatarTLR@lawsuitreform·
11 Aug 1557759250893512704

#ICYMI: Court cases are piling up after Dallas Judge Amber Givens was recused from approximately 100 cases after attorneys alleged bias. lawyers claim the unprecedented recusal means extended delays for defendants awaiting trial. Read & RT:

As recused cases from Dallas judge pile up, what's next? Attorneys warn of 'catastrophic' impact

“People will stay in jail longer than they should be. People will not be able to make lawful requests they would normally be able to do,” ...

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Reply on Twitter 1557759250893512704Retweet on Twitter 1557759250893512704Like on Twitter 1557759250893512704Twitter 1557759250893512704

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