Latest / The Jon and Marc Podcast / Beasley Allen Disqualified??
Transcript
- 0:00Maybe we should use this as an opportunity to kick him out like
- 0:02a boy band behind closed doors and say you're out of here.
- 0:05We've had a meeting. Welcome back to Tor TALK.
- 0:10I'm Mark Ryu, and if you thought the Mass Torah world was taking
- 0:13a breather in 2026, think again. We are hitting the ground
- 0:17running today with a massive $8.5 million verdict against
- 0:22Uber, a brand new MDL for Lyft, the social media trial
- 0:25everyone's been waiting for, plus a shocking disqualification
- 0:30location. The talk litigation.
- 0:31Joe, let's dive into the headlines shaking up this week.
- 0:36Yeah, Mark, like you said, really busy week.
- 0:38Everybody's talking mostly about that huge verdict from Uber, so.
- 0:42What happened $8.5 million? Yeah, good result, right.
- 0:47The plaintiffs, we were seeking a lot more, but a whole.
- 0:50Lot more. Anytime you can hold a company
- 0:52like Uber libel, it's a victory. So in this case, it went to
- 0:56trial in the MDL. The court had the case, it was
- 1:00actually held in Arizona and the jury came back after about a
- 1:04three-week trial with his $8.5 million verdict.
- 1:08But what's really important about this is that the jury
- 1:11found that the driver was an agent of Uber.
- 1:15So they're no longer believing that independent contractor
- 1:18argument that Uber's been making for years and years.
- 1:21Not just in this case, but you also see those other car
- 1:24accident Uber cases where they always allege the driver was an
- 1:28independent contractor. So that was a huge precedent.
- 1:31But I will be honest and have to share with everybody, the jury
- 1:35didn't find that Uber was negligent in its, you know,
- 1:39safety reviews or basically the design of the platform, but
- 1:43instead found that somebody could believe that the driver
- 1:46was one of their agents. And because of that, Uber's
- 1:49responsible for this verdict. So we still really haven't
- 1:53gotten to the point after two trials where they're finding a
- 1:57connection between Uber's negligence and the injuries to
- 1:59the plaintiffs. So there's still work to do, but
- 2:02this is a huge victory. The next trials in the MDLS teed
- 2:05up to start in April, in a couple months.
- 2:08So we'll learn from this trial, keep the momentum going, and
- 2:11hopefully have another good result in April.
- 2:14Yeah. And for the verdict for 8.5,
- 2:16were there any punitive damages in there or none?
- 2:19Right. So this verdict, no punitive
- 2:21damages. So right, punitive damages are
- 2:24used to kind of punish the defendant for their will for
- 2:27reckless conduct. No punitives awarded in this
- 2:29specific case. If you've been sitting on the
- 2:32sidelines of mass tours because you just don't know where to
- 2:34start, the cost, the lead quality, the complexity, we need
- 2:38to talk. And if you're already in the
- 2:40game and you just want a partner you can trust, we really need to
- 2:43talk. At R Digital, we're engineer for
- 2:45performance and built to scale your docket.
- 2:48Go to rdigitalmedia.com to get started, stop guessing and start
- 2:52growing. Moving on to something very
- 2:55close to Uber, Lyft sex abuse. We talked last week about the
- 2:58motion pending before the JPML for consolidation.
- 3:02The panel granted A plaintiff's motion and these cases are
- 3:05headed to the Northern District of California, which what should
- 3:08we expect to see over the next few months?
- 3:10Like you mentioned, Mark, this was one of the two mass court
- 3:14cases we were waiting to hear from the panel.
- 3:16It's good news, first panel of the year, we already have two
- 3:19new MDLS form and this Lyft case, it's going to a great
- 3:23venue, the Northern District of California.
- 3:26That's where the Uber MDL is also pending in California.
- 3:30So we have an experience court. We kind of have the playbook
- 3:34already laid out from Uber in this litigation.
- 3:37So I expect to move much quicker.
- 3:39We'll see a lot of the same players from the plaintiff side.
- 3:42I think that these cases will move a lot quicker towards
- 3:45trial. So I'm hoping before 27, we'll
- 3:47end up having our first trial in the Lyft litigation.
- 3:50And so two years from inception to trial in an MDL in a mass
- 3:54tort, unheard of. But with this road map already
- 3:57laid by Uber, hopefully we'll be able to get there and then more
- 4:00importantly, enact some changes with Uber and Lyft and how
- 4:03they're vetting their drivers. Yeah, I bet you Lyft is watching
- 4:06this Uber MDL. Very closely now.
- 4:08I'm sure they are just like the rest of us.
- 4:11Moving on social media addiction, the trial of the year
- 4:14is underway with opening statements concluded.
- 4:17What are some of the main arguments the plaintiffs and
- 4:20defendants are making in this trial?
- 4:22Fun fact before you answer, our Co host John Robinson is
- 4:25actually in LA at the trial as we speak.
- 4:28As you mentioned, this is the trial of the year.
- 4:30Everybody's excited to see what happens here.
- 4:33We have one of the best plaintiff trial lawyers, Mark
- 4:35Lanier. He's leading the charge and we
- 4:37got to hear his opening statement and basically what
- 4:40he's saying is that these huge tech companies we have met in
- 4:44Google left standing. They knew their products were
- 4:47dangerous and they didn't do anything about it.
- 4:49Not only that, they specifically designed the products and the
- 4:53algorithm so people could become addicted, specifically targeting
- 4:57the children. What's going on in this case is
- 4:59the defendants, they're following the big pharma
- 5:02playbook exactly as we expect. Blame the plaintiff, Say it was
- 5:06the plaintiff's problems. The parents didn't do enough and
- 5:09then also dispute the science. So they're saying the science is
- 5:12unsettled really, whether or not these platforms can cause
- 5:15addictions. And they're also highlighting in
- 5:17this specific case, although the plaintiff did treat with a
- 5:20number of providers, none of them have diagnosed the
- 5:24plaintiff with social media addiction.
- 5:26So even though the providers acknowledge that it can cause
- 5:30addiction, none of them have specifically diagnosed her,
- 5:33according to the defendants. We'll see how that all shakes
- 5:36out over the next couple weeks. Really excited to hear from John
- 5:40live from California with an update.
- 5:42We should have a verdict, the judge is hoping, by the end of
- 5:45the month. I can't wait to see what happens
- 5:46to this one. It's like the big tobacco
- 5:48litigation of my generation. It's going to be huge.
- 5:51There's a lot more cases pending like, you know, but if we get a
- 5:54good verdict in this case, which everybody's optimistic for, this
- 5:57case is going to take off. Moving on, we got some shocking
- 6:00news in the talcum powder litigation.
- 6:02There's a decision that came down for the New Jersey Apple
- 6:05division granting J&J's request to have the law firm of Beasley
- 6:09Allen disqualified from this litigation.
- 6:12You got some inside scoop on this?
- 6:13What's everyone saying on the streets here, Joe?
- 6:15Yeah, this was stunning. We rarely ever see this.
- 6:18There's been bad blood obviously brewing between J&J and Beasley
- 6:22Allen that's been leading or one of the main firms in both New
- 6:26Jersey State court action and in them DL.
- 6:29But briefly, what happened was J&J moved to disqualify Beasley
- 6:33Allen because an attorney who used to represent J&J during the
- 6:38bankruptcy, structuring and going over the strategy for
- 6:41that, retired from the practice of law, started a new company
- 6:45called Legacy, and basically ended up, according to the
- 6:48defendants, working with Beasley Allen to try to come up with a
- 6:52settlement matrix and a way to resolve these cases outside of
- 6:56the bankruptcy. And so they said, J&J alleged
- 7:00that this prior attorney violated ethical rules even
- 7:04though he had retired. Beasley Allen should have known
- 7:07and shouldn't have worked with them together to get this
- 7:09information on insight, on evaluation of the cases, the
- 7:13settlement matrix, things of that nature.
- 7:15So originally their request to disqualify Beasley Allen was
- 7:19denied. They appealed it up to the
- 7:20higher court in New Jersey and that ruling just came down,
- 7:24disqualified Beasley Allen from about 3600 cases in New Jersey
- 7:28State court. We're going to see how it pays
- 7:31out in the MDL where there's a similar motion ongoing.
- 7:35Not a good day at BZ Allen. No, not a good day at BZ Allen
- 7:39and not a good day for the plaintiff are either.
- 7:41I mean, this bad blood between J&J and the attorneys, you know,
- 7:45representing them, they've invested so much in this case,
- 7:48so much time, so much effort for these plaintiffs who again were
- 7:51hurt by this product that they knew for decades could cause
- 7:55cancer. So it seems a little bit
- 7:58misguided from J&J to be focusing on Beasley Allen
- 8:01instead of trying to get these cases resolved.
- 8:03So I'm sure Beasley Allen's going to peel this decision up.
- 8:07We'll see what happens, but we, just like Beasley Allen, wants
- 8:10to keep the focus on the injured plaintiffs and get all of these
- 8:13cases resolved. Are you putting your name into
- 8:15the hat there for leadership? Joe Fantini as the new
- 8:19replacement. No, they already have, you know,
- 8:21good bracket of leadership there.
- 8:23There's a lot of people on the bench that can help out.
- 8:25But we have a trial going on right now in Philadelphia Court
- 8:29of Common Pleas. So that's another talc powder.
- 8:32We're not quite on verdict watch.
- 8:34I think we could be last week. I checked the docket earlier
- 8:37this week. They're going over some
- 8:39potential jury instructions. So could be a huge number coming
- 8:42out of Philly next week and talc putting more pressures on J&J to
- 8:46do the right thing and resolve this litigation.
- 8:49Oh. Wow Joe, these are incredible
- 8:50updates compared to 2025. I feel like 2026 is just
- 8:54starting off with a bang. Every week there's new updates.
- 8:57Yeah, it's really exciting time in mass torts, a lot of
- 9:00momentum, hoping to keep the positive vibes going.
- 9:02Getting some good news for our clients out of these next two
- 9:05trials we're watching here. Should be some big numbers for
- 9:08the some very deserving clients. Everyone, thanks for watching.
- 9:12Make sure that you like and subscribe if you don't miss any
- 9:14episodes. We release this every week
- 9:16giving the updates and mass torts.
- 9:18And then in the comments below, let me know what you think about
- 9:20the Beasley Allen decision. Was it justified?
- 9:23Was it not justified? Looking forward to hearing from
- 9:25you Joe. Thank you again for another
- 9:27incredible week of Tor talk.