Latest / The Jon and Marc Podcast / Mass Tort Showdown: The Roundup Settlement Fight and Talc’s Post-Bankruptcy Momentum
Transcript
- 0:00Welcome to Tortalk. I am Mark Rieu here with John
- 0:03Robinson and Joe Fantini. As usual this week, roundup hits
- 0:08the Supreme Court in a landmark oral argument.
- 0:11Plus more roundup fireworks with a class action settlement fight.
- 0:15Then a major breakthrough in the topic litigation and the weight
- 0:18loss drug cases are heating up on two different fronts.
- 0:22Big week. Let's dig into it.
- 0:25Yeah, Joe, we had for the first time in a very long time, we had
- 0:29the Supreme Court hearing the case that is directly related to
- 0:33plaintiff's attorneys yesterday, April 27th.
- 0:36Supreme Court heard this case from bare oral argument was
- 0:42yesterday. What was this about for those
- 0:44who haven't been following us all along and what impact could
- 0:47it have? All right, one quick thing
- 0:50before we get into this episode. John and I are going to be at
- 0:53Mass Tort Puerto Rico. And I'm not saying that their
- 0:565th anniversary is the year to go, but I am heavily implying
- 1:00it. It's a milestone near and the
- 1:02event has real momentum and we'll be there recording
- 1:05episodes of the John and Mark podcast is the official podcast
- 1:09sponsor of Mass Towards Puerto Rico.
- 1:11So if you've been debating it, stop being weird and just buy a
- 1:15ticket. Join John and I May 5th through
- 1:177th in beautiful San Juan and Mass towards Puerto Rico.
- 1:22Get all the info and register at Mass towards puertorico.com.
- 1:26Back to the show. Yeah, this is a huge case.
- 1:28Like you mentioned, maybe once a year, once every other year we
- 1:31get a mass toward case in front of the Supreme Court.
- 1:34But what we were arguing about yesterday was the preemption
- 1:38argument. So this is a case where the
- 1:41plaintiff received a verdict of one point to 5 million.
- 1:45It got appealed up. Basically, there was a split in
- 1:48authority between the circuits on whether or not a state was
- 1:53able to update their warnings and require additional warnings
- 1:58after a label had been approved by the government.
- 2:02This instance it was under FIFA, so something different than the
- 2:06FDA that we see in a drug and device case.
- 2:09So the defendants are making the same argument that we see in the
- 2:13FDA case is that because the government and regulatory
- 2:17authority approved the label, the states aren't able to make
- 2:21any changes. Even if they get additional
- 2:24information, even if new studies come out, the label can't be
- 2:28updated. So it was about an hour and a
- 2:30half long oral argument. There were some really top
- 2:34players, experienced Supreme Court counsel there.
- 2:38We'll see what happens, what we'll have a decision within
- 2:41about 60 days. But I, I don't know how happy
- 2:45we're going to be about the outcome if you guys were holding
- 2:48my feet to the fire right now. Waiting to see the result on
- 2:51this one, but yeah I think doesn't seem to be giving
- 2:55positive signs. Yeah.
- 2:56You know, a lot of it has to do with the split of the court,
- 2:59right? It's 63 right now, so I'd
- 3:02probably expect the decision coming down 6354.
- 3:07We'll see what happens. But good news, even if we were
- 3:10to lose this, you know it would send waves through mass torts.
- 3:14Like we talked about paraquat hair relaxer.
- 3:18But the other causes of actions are still out there, right?
- 3:22Design defect negligence. This only goes to failure to
- 3:25warn, definitely would be a win for the defendants, but you
- 3:29know, they're the cases are still viable.
- 3:31We just need to go back to the drawing board, maybe work a
- 3:34little bit of different angle in some of those cases.
- 3:37Sticking with Roundup, we're seeing a flurry of activity in
- 3:40this litigation outside of the Supreme Court argument and
- 3:42there's an oral argument scheduled for April 30th in the
- 3:45Roundup NDL on a motion to intervene related to the
- 3:49Missouri class action settlement.
- 3:50Can you tell us the latest on this argument and this Missouri
- 3:53class action? Yeah.
- 3:55So we talked about it before. There's a $7.25 billion proposed
- 4:00class action in Missouri State court right now.
- 4:03The opt out deadline is June 4th, which is going to be before
- 4:07the Supreme Court decision comes down importantly.
- 4:10And then there's going to be a hearing in July, a final
- 4:13approval hearing. What we have going on now is in
- 4:16the MDL, well, two law firms filed a motion to intervene.
- 4:20Basically, they're seeking the court and the MDL court who
- 4:24previously denied a similar class action to get involved in
- 4:28this Missouri action and kind of bring a halt to this class
- 4:32action settlement, which they say was kind of done too
- 4:35quickly. It was done behind closed doors.
- 4:39It doesn't compensate the victims enough and it doesn't
- 4:42follow the law. So we have this upcoming
- 4:45argument like you mentioned on the 30th.
- 4:48We should get a ruling rather quickly.
- 4:51I'd probably say within 30 days if I was a betting man.
- 4:55I think the MDL court might elect to.
- 4:59Not going to VOD with this one. Everything I'm hearing is the
- 5:03Missouri class actions going through and that that seems to
- 5:07be the most likely outcome. Yeah, hearing, hearing the same
- 5:10on our end as well. Yeah, the the two law firms on
- 5:13that, it's, it's Weitz and Luxembourg and then the Miller
- 5:17law firm. A lot of activity happening in
- 5:20Roundup, you know, between the Supreme Court, what's happening
- 5:23in Missouri. Hopefully we see Roundup kind of
- 5:27finish its cycle around the sun and and come to some conclusion
- 5:31by the end of this year. But definitely a lot of progress
- 5:33happening, which is good to see, right?
- 5:35We're getting in, we're getting in court, we're getting some
- 5:38decisions being made. We're seeing progress.
- 5:40Another case, we've talked about this one for a while, Talcum
- 5:43powder, maybe some light at the end of the tunnel here.
- 5:46We've got the the 1st post Johnson and Johnson bankruptcy
- 5:50court ordered MDL mediation. What's the current status going
- 5:54on with talc? Yeah, and talc.
- 5:56I think the disdain between the parties maybe has.
- 6:00Taking a step back, we talked a little bit about the Beasley
- 6:03Allen disqualification. You know, the majority of the
- 6:07plaintiffs obviously don't agree with that.
- 6:09They really carried this litigation for a decade plus.
- 6:13But now that they're out of the litigation in New Jersey and the
- 6:16MDL, we have this first ordered mediation.
- 6:20We already have a negotiating group that's in place.
- 6:23We got on the plaintiff side a positive Dolber ruling earlier
- 6:27this year. The cases are set for trial.
- 6:30There's going to be a number of cases going to trial outside of
- 6:34the MDL this year. We're pretty much winning every
- 6:37case. Even the last case that we
- 6:39talked about was the Philadelphia $250,000 verdict.
- 6:44Again, not a huge number, but a win for the plaintiffs.
- 6:47So this momentum and the pressure is really building on J
- 6:50and Ji. Don't think we're going to have
- 6:52a settlement come out of this mediation, but I am hopeful that
- 6:55we can get another few court wins, we can get a trial set in
- 6:59the MDL and then hopefully maybe this year, beginning of next
- 7:04year, we're talking about a resolution in this litigation
- 7:07that's been around way too long. Yeah, hopefully some clients
- 7:11finally see justice and compensation because it's been
- 7:13going on way too long. Rounding off the list, today we
- 7:16have weight loss. We have parallel litigations
- 7:19ongoing with vision loss and gastrointestinal cases both in
- 7:23new in New Jersey and in the MDLS.
- 7:26What are the key developments in this litigation, Joe?
- 7:29Yeah, We got a lot of activity going on in the MDL.
- 7:32So first, we'll start with vision loss.
- 7:34We have about 70 cases pending there, around the same number of
- 7:38cases pending in New Jersey for vision loss.
- 7:41By comparison, in the MDL for the gastrointestinal injuries,
- 7:45we're about 3500 cases, but about two years behind.
- 7:50So we just had a case management conference in the MDL on the
- 7:54vision loss cases. We're getting geared up, really
- 7:57start getting that litigation moving, trying to schedule the
- 8:00all important science day, working on the fact sheet,
- 8:03working on some of the initial pleadings.
- 8:06We're still in that initial six months kind of formation of the
- 8:10litigation, but we'll have that all in place in the next couple
- 8:13months, see that litigation really start to pick up.
- 8:16But there's a lot of work and a lot of discovery to be done
- 8:20before we get to that all important Dahlberg hearing by
- 8:23talking about the Dahlberg hearing where we're finally
- 8:25there in the MDL for the gastrointestinal injuries.
- 8:29You guys, remember we talked maybe six months ago, we we had
- 8:33a ruling from the judge who really was focusing the injuries
- 8:37on the gastroparesis, requiring some sort of gastric emptying
- 8:41study, which kind of limited the inventory of those cases.
- 8:46More than 85% of the inventory are gastroparesis.
- 8:49And now we're having the Dolbert hearing.
- 8:51It's scheduled for May 14th. Both sides will be able to come
- 8:55in, present their experts, ask them some serious questions.
- 8:59Then we'll get a ruling from the judge probably in 60 to 90 days.
- 9:03So before the end of the summer, we'll know if these cases can go
- 9:06forward and what injuries are going to be included.
- 9:09So a lot of excitement in that litigation.
- 9:12I think we'll see a big uptake in filings after the Dolber
- 9:15ruling. We're at 3500 right now,
- 9:18probably get to six to seven by the end of the year sometime
- 9:21next year. It was be above that 10,000
- 9:23threshold. Yeah, 3500 seems low for now.
- 9:26I was expecting this one to be a massive docket just based on the
- 9:29total amount of people that use this drug across the nation
- 9:33right now. Yeah, I'm, I'm really expecting
- 9:36it to kick up like I said that the injuries are really focused
- 9:39on gastroparesis. We'll see what comes out after
- 9:42the the Dolber ruling, which ones are going to be viable.
- 9:46But I think we'll get above the 10,000.
- 9:48But you're right, this isn't going to probably be a a 50,000
- 9:52Talcar Roundup litigations that some were thinking in the
- 9:55beginning. Yeah.
- 9:57We also have some updates, not necessarily news, but for those
- 10:01who are closely watching the Uber trial that concluded a
- 10:04couple weeks ago, just to keep everybody up to date on what the
- 10:08next steps are in that litigation.
- 10:10We do have consecutive trials set in the MDL for the middle of
- 10:15September. And then also in California, we
- 10:19have the next bell of the trials slated coming up next month in
- 10:22May. There's also a status conference
- 10:24before Judge Breyer set for tomorrow, actually for April
- 10:2729th. So we are seeing progress
- 10:30continue to be made on Uber as we saw Lyft get consolidated a
- 10:33couple months ago. Continue to keep an eye on
- 10:36those. The rulings that we had in the
- 10:39previous both state and MDL trials for Uber, I think are,
- 10:44are leaning towards us continue to see progress for the
- 10:47plaintiff. So Joe, I, I, I am.
- 10:49I'm still optimistic about Uber and the direction that we're
- 10:52heading. Yeah, I, I agree.
- 10:53Like you said, we're getting these trial dates.
- 10:56That's really important. That's what really drives
- 10:58settlement and honestly in it and mass torts, we don't see six
- 11:02trials in a year. It's kind of unheard of.
- 11:04So if we can get those trial dates to hold that you mentioned
- 11:086 verdict, maybe the defendants get lucky, they get one of
- 11:12those. But if we go two or three on
- 11:13those cases, I think we could kind of be talking about winding
- 11:17down this litigation. We talked a little bit before
- 11:20about how some of the filings indicate their there could be
- 11:23settlements ongoing and some individual trial cases.
- 11:27I wouldn't be surprised if we saw some of those other trial
- 11:31cases fall off the docket because of that.
- 11:33But the pressure is definitely on them.
- 11:36You know, 2 to 2 out of 3 is a good place to be at.
- 11:39We'll see what happens in this next trial.
- 11:42It's in state court. You mentioned there that's where
- 11:44the defendants did get the win. So we'll we'll see how that
- 11:47plays out. Yeah.
- 11:49And you know, we're also seeing progress at the at the state
- 11:53level, right. There's there's lawsuits for as
- 11:56we see for a lot of these technology platforms, there are
- 11:58these the MDL and that the California lawsuits.
- 12:01And then we also see the lawsuits directly filed by the
- 12:04state attorney generals against Uber.
- 12:07We're seeing that happen also in Roblox.
- 12:09And very interesting news that has come out the past couple
- 12:11weeks with Roblox resolving some of those cases with the Attorney
- 12:15General, which part of those settlements not just monetary,
- 12:18it's actually making changes to the platform.
- 12:20Yeah, so that, that's a good point.
- 12:22You know, we saw him, I think 3 so far at this point, 10 to 13
- 12:26million each state will probably end up seeing 4045 of those
- 12:32Attorney general's do some more things.
- 12:35I you know, the money helps, right?
- 12:37It goes to training, it goes to schools.
- 12:40But more importantly, it's, it's about bringing about the changes
- 12:43like you talked about to the platform.
- 12:45So and every one of these mass torts, we talked about it
- 12:48before, before we can get to to settlement, the defendants need
- 12:52to make these changes. So whether it's putting another
- 12:55Zantac or Roundup on the market or making changes to the
- 12:59platforms to limit their liability, that that's a key
- 13:02component that we always see before we really get serious
- 13:06about negotiations. Yeah, they're, they're
- 13:09effectively making changes that are going to prevent these
- 13:12things from happening in the future, hopefully, which from a,
- 13:16a plaintiff's lawyer perspective means once those changes go into
- 13:19place, we're not going to see the ability to actually get
- 13:22these cases anymore. And we're going to be looking at
- 13:24a finite pool. So it's good, right?
- 13:27The the issues stop happening, children stop being affected.
- 13:30But it does change the dynamic just from a business perspective
- 13:33for any attorneys who are looking at these cases.
- 13:35Yeah, certainly. But you know that that's part of
- 13:38why we do it is we want to help people and and bring about
- 13:41changes. So trust me, roadblocks would
- 13:43not make any of these changes if there weren't any lawsuits or
- 13:47the Aga, you know, weren't coming down on them.
- 13:50So. Yeah, they're they're not making
- 13:52the changes of the kindness to their heart.
- 13:54There there's a reason so got to keep the pressure up and I think
- 13:58it's been good. We talked about you know in this
- 14:00episode, this multi prong attack, right?
- 14:03That's how you make change in these cases.
- 14:06State court MDLSAG's keep the pressure going because they have
- 14:11such a resource pool, so many attorneys, They can fight,
- 14:15fight, fight back, but we we can keep crashing and they'll
- 14:20ultimately make these changes, which helps the clients, which
- 14:24is what we're all here trying to do.
- 14:25And then next week we're recording live, me and Joe, Me
- 14:29and not Joe, me and John are recording live from Mass towards
- 14:32Puerto Rico. Yeah.
- 14:33Joe, you're welcome to join us in Puerto Rico on the beach.
- 14:36Yeah, it's. Nice.
- 14:37I I don't know. We'll zoom you in if we have to.
- 14:40It's all good. We'll be live in in Puerto Rico,
- 14:42at Mass towards Puerto Rico. The John and Mark podcast of
- 14:45their recording will be recording Tor talks live with
- 14:49Joe zooming in as well as we get in the inside scoop on what's
- 14:52going on from the who's who. That is on the attendee list for
- 14:56Mass towards Puerto Rico, which is it is quite a who's who list
- 14:59of lawyers attending. And it is quite nice because
- 15:03there's not a lot of vendors going, but there's a lot of
- 15:05lawyers going. Yes, we we looked at that list
- 15:09and my gosh, listen, literally everybody who is making
- 15:14decisions in these cases is there start planning your summer
- 15:17linear trial Academy coming up in June.
- 15:20We're not that far away. That's probably the next big
- 15:22event you need to have on your radar after mass towards Puerto
- 15:25Rico. And if you do not subscribe to
- 15:28the John and Mark podcast and you're just catching this tort
- 15:30talk on LinkedIn or you're catching a one off episode on
- 15:33YouTube, you do not want to miss next week's podcast guest.
- 15:37It is a very special surprise. Probably the best guest we've
- 15:40had so far, right Mark? I think so.
- 15:43Up there pretty high. Other than Joe, we love Joe.
- 15:45Yes. All right, everybody, thank you
- 15:48so much for joining us on this week's Tort Talk.
- 15:50We've got a lot of news breaking, a lot of things coming
- 15:53out over the next couple weeks. We'll be in mass towards Puerto
- 15:55Rico next week, recording live. We can't wait to see all of you
- 15:59there who are joining us. Everyone else, catch a recording
- 16:02with Joe on the usual schedule. Thank you for the best 10
- 16:05minutes in mass torts each week. Thanks, Joe.
- 16:07Thanks, Mark.