e JERE BEASLEY REPORT November 2017 I. website at expo.beasleyallen.com to Glover at 800-898-2034 or by email at reserve your spot. We look forward to [email protected]. CAPITOL seeing you! OBSERVATIONS II. Inaugural Atlanta Legal Summit Draws ore han awyers Beasley Allen Legal Conference Set For M T 100 L AUTOMOBILE Nov. 16 & 17 in Montgomery Last month it was an honor for our firm NEWS OF NOTE The 11th annual Beasley Allen Legal to partner with The Cooper Firm and Conference & Expo is set for Nov. 16 and host the inaugural Atlanta Legal Summit General Motors Agrees to $120 Million 17 in Montgomery, Alabama. As many as for the Georgia Plaintiffs’ Bar. More than Ignition Switch Settlement With States 2,000 lawyers are expected to attend the 120 of the best and brightest lawyers in two-day event, the largest gathering of its private practice in the state gathered in the Ritz Carlton Ballroom for a day of General Motors Co. (GM) will pay $120 kind in the state. Actually, it will be one million to state attorneys general to settle of the top five legal conferences in training and networking. Lance Cooper of The Cooper Firm wel- claims that the automaker concealed the the nation. now well-known ignition-switch defect. We have a variety of speakers, includ- comed attendees and shared the story of ing lawyers from Beasley Allen as well as how the partnership between our firms special guest speakers who are political originated. He praised the culture of IN THIS ISSUE and community leaders. Alabama lawyers servant leadership and humility at I. Capitol Observations...... 2 will learn about emerging areas of litiga- Beasley Allen. Lance also expressed appreciation for the more than 100 tion, and how to examine potential II. Automobile News Of Note...... 2 claims and evaluate their potential. General Motors cases our firms have worked on together successfully and said Lawyers who attend the conference III. Purely Political News & Views. . . . .4 can earn a full 12 hours of Continuing that “at the end of the day we do good for Legal Education (CLE) credit, certified by our clients and have fun.” IV. Court Watch...... 5 the Alabama State Bar. The event also Danielle Mason updated colleagues on provides a legal services expo where con- the Talcum Powder Litigation against V. The Corporate World...... 6 ference attendees can visit with more Johnson & Johnson and Imerys Talc VI. Whistleblower Litigation ...... 9 than 20 of the nation’s top legal service America. She explained the important role internal company documents have providers. This is a great place to learn VII. Product Liability Update ...... 10 about the leading products and services played in the talc trials and the difference that will help enhance and support your they have made in exposing the dangers VIII. Mass Torts Update...... 13 litigation efforts. of talc that Johnson & Johnson hid for Another valuable benefit of attending decades. Summit participants were very IX. Business Litigation...... 15 the conference is the chance to network engaged during Danielle’s presentation, with other lawyers from all over the asking questions and seeking more infor- X. Employment and FLSA Litigation. . . 16 mation about the litigation. Throughout state. If you are a new lawyer or even if XI. Workplace Hazards...... 17 you have an established practice, you will the day, additional speakers provided tips on jury selection and how to recognize a learn a lot from talking to your col- XII. Transportation...... 18 leagues. This is the time to build relation- products liability claim, as well as current ships that will help you grow your trends in the legal profession. XIII. Opioid Concerns...... 20 practice. Special guests, including Georgia Court The best part is that all of this is com- of Appeals Judge John J. Ellington and XIV. Toxic Exposure Concerns ...... 20 pletely free and open to all Alabama Michael A. Prieto, president of the XV. Update On Nursing Home Litigation . .23 lawyers in private practice. The event Georgia Trial Lawyers Association, joined attendees during lunch. Beasley Allen’s includes breakfast, lunch and a dinner XVI. An Update On Class Action Litigation. .25 reception on Thursday, and a special Navan Ward, currently serving as Trea- prayer breakfast on Friday morning that surer for the American Association for XVII. The Consumer Corner...... 27 always features an inspirational speaker. Justice, brought a national perspective We appreciate our sponsors, who help with an update on the Association’s work. XVIII. Recalls Update...... 30 make this conference possible. This Chris Glover closed out the day thank- year’s platinum sponsors are Jackson ing the State Bar of Georgia and its XIX. Firm Activities...... 34 Thornton Valuation and Litigation Con- members for welcoming him and his XX. Special Recognitions...... 37 sulting Group and Freedom Reporting, family to the state with open arms. Par- ticipants enjoyed a dinner reception later Inc. These two firms have been great sup- XXI. Favorite Bible Verses...... 37 porters of this event for many years. that evening. All in all, the event was a If you are an Alabama lawyer and are complete success. XXII. Mythbuster Series...... 38 on our email list, you should already have For more information about Beasley received some information about the con- Allen’s Atlanta office, contact Chris XXIII. Closing Observations...... 38 ference. Visit our conference registration XXIV. Parting Words...... 39

2 BeasleyAllen.com The settlement, announced on Oct. 18, Like any other business—large or Florida’s recent averages, which studies comes three years after GM issued recalls small—automakers have an obliga- have found range between 30 to for more than 9 million vehicles in the tion to represent the products they 33 percent. U.S. for a defect that could cause cars to sell honestly, to ensure those prod- The 30 objections filed from a class of suddenly lose electrical systems, includ- ucts are safe, and to alert consum- nearly 20 million members is well below ing power steering and power brakes. Air ers when they discover a product the approximately 230 that is typical for bags would also fail to deploy in some defect that threatens consumer these types of multidistrict litigations. collisions. safety. When they fail to do so, as The number is far below the more than The settlement benefits the attorneys was the case with GM, we are com- 400 in Volkswagen’s recent settlement general of 49 states and the District of mitted to holding them related to its diesel emissions scandal. Columbia. Only Arizona, which has its accountable. The substantial work of the 26 Plaintiffs’ own lawsuit, did not participate. GM firms involved in the case included claims that improvements will be made, The $120 million settlement includes reviewing more than 10 million docu- including continuation of a new organiza- $6 million for Florida, $4.3 million for ments produced by the Defendants and tional structure it says is devoted to New York, $4.1 million for New Jersey, deposing 70 class members and 45 global vehicle safety. $7.3 million for Texas and $3.2 million for Defense witnesses. As we have previously reported, GM Connecticut. Other states will get lesser Under the terms of the settlements, has paid about $2 billion to the Depart- amounts. New York Attorney General BMW will pay $131 million; Subaru, ment of Justice, the Federal Trade Com- Eric Schneiderman said in a statement: $68.26 million; Mazda, $75.8 million, and mission, consumers and shareholders. Instead of prioritizing customers, Toyota, $278.5 million, for a total of That amount includes nearly $600 General Motors turned a blind eye $553.6 million. The overall value reaches million placed in a victims’ compensation for years and chose to conceal the $741 million when extended warranties fund overseen by Ken Feinberg. GM filed safety defects associated with of 10 years or 150,000 miles on the new for bankruptcy in 2009. The states several models of their vehicles. inflators is factored in, according to a claimed GM employees knew as early as New Yorkers should not have to warranty valuation expert’s review. The 2004 that the defective ignition switch worry about their steering or four automakers were the first to settle created a safety risk. But recalls were brakes failing or their air bags not and get out of the multidistrict litigation delayed for years. GM agreed as part of deploying when they get behind the (MDL) over the largest auto recall in the the settlement not to tell consumers a wheel. Today’s settlement ensures nation’s history. Takata’s air bag inflators vehicle is safe unless it meets federal that drivers receive the transpar- have been linked to at least 11 deaths in motor vehicle safety standards. The ency they deserve when they pur- the United States. The cheap but volatile agreement required that used vehicles chase a car. ammonium nitrate that inflates the bags may not be called “safe” or “subject to rig- can misfire, especially in humid condi- orous inspection” unless there are no It’s good seeing state attorneys general tions, blasting chemicals and shrapnel at open recalls affecting them. The settle- protecting the cities of their respective passengers and drivers. ment also requires GM to instruct dealers states. This is a prime example of being Takata has pled guilty to wire fraud and to complete recall repairs before making willing to take on Corporate America agreed to pay $1 billion in fines and resti- a car eligible for certification or deliver- when they do wrong and hurt people. tution. The company also acknowledged ing it to a customer. Source: Daily Business Review that it ran a scheme to use false reports The defect that gave rise to this suit, and other misrepresentations to convince the massive recalls, the multidistrict liti- automakers to buy air bag systems that gation (MDL), and all of the individual contained faulty, inferior or otherwise Final Approval Sought For $741 Million In civil actions filed was discovered by defective inflators. Nissan also reached a Settlements In Takata MDL Beasley Allen’s colleague Lance Cooper, a settlement agreement in the case. Ford is lawyer with The Cooper Firm in Marietta, Class counsel have asked a Florida the lone remaining defendant in the MDL. Georgia. Lance’s 2011 wrongful death federal court to grant final approval for The case is In re: Takata Airbag Prod- case against GM (Melton v. GM, 2011-A- the $741 million in settlements with four ucts Liability Litigation, case number 2652) exposed the automaker’s knowl- automakers in class actions over danger- 1:15-md-02599, in the U.S. District Court edge and cover-up of the faulty ignition ously defective Takata Corp. air bags. The for the Southern District of Florida. switches. In my opinion, without Lance’s class counsel highlighted two ways the Source: Law360.com good work, GM would have continued to agreements are below average: the get away with hiding a known defect number of objections and the portion from the public and the National going to attorneys’ fees. The settlements Ford’s Exhaust Gas Cabin Intrusion Defect Highway Traffic Safety Administra- were reached with Toyota Motor Corp., Settled tion (NHTSA). BMW of North America LLC, Subaru of The GM investigation and negotiation America Inc. and Mazda North American Ford Motor Co announced Oct. 13 that that resulted in the states’ settlement was Operations. During the final fairness it will offer free repairs to North Ameri- led by the attorneys general of Connecti- hearing in Miami, lead class counsel Peter can owners of more than 1.4 million cut, Florida, Maryland, Michigan, New Prieto of Podhurst Orseck urged approval Explorer sport utility vehicles to help Jersey, Ohio, Pennsylvania, South Caro- and said the $166 million that will go to prevent carbon monoxide and other lina and Texas. New Jersey Attorney pay the class attorneys, while a substan- exhaust gases from entering the vehicles. General Christopher Porrino said in a tial sum, is only 22 percent of the total This comes after the U.S. government’s statement: value, well below the Southern District of

JereBeasleyReport.com 3 decision to upgrade an investiga- fleets and other owners. Lawyers in our third one, for a possible $2,325 in cash or tion in July. firm’s Personal Injury & Products Liabil- $4,650 in credit each. It also provides Several U.S. police agencies raised con- ity Section view Ford’s Oct. 13 repair plan cash payments for software repairs and cerns about potentially deadly carbon as inadequate. For instance, Ford is offer- an arbitration process for drivers who monoxide gas entering the cabins of Ford ing exhaust gas defect repair options to want Ford to repurchase their vehicles. Explorers that had been adapted for law law enforcement vehicles that its not Objectors who want to preserve fraud enforcement uses. Additionally, federal offering to consumer vehicles. Ford’s and other similar claims can opt out. regulators said they are aware of more decision to prioritize law enforcement Almost 12,500 persons have done so. than 2,700 complaints for exhaust odors personnel over ordinary consumers is The case is Omar Vargas et al. v. Ford as well as reports of three crashes and 41 suspicious, considering there are not Motor Co., (case number 2:12-cv-08388) injuries that may be linked to exposure to material differences in the two sets in the U.S. District Court for the Central carbon monoxide among police and civil- of vehicles. District of California. ian 2011-2017 Explorer vehicles. Lawyers in our firm are pursuing Source: Law360.com Ford, the second largest U.S. auto- claims on behalf of owners/lessees of maker, said starting Nov. 1 dealers will 2016-2017 Explorer, 2007-2014 Edge and reprogram the air conditioner, replace 2007-2017 Mercury MKX vehicles. Clay the liftgate drain valves and inspect Barnett, a lawyer in the firm who handles III. sealing of the rear of the vehicle. The fix automotive defect class action litigation, PURELY POLITICAL covers about 1.3 million U.S. vehicles and is involved in this litigation. If you have about 100,000 in Canada and Mexico. experienced exhaust gas cabin intrusion NEWS & VIEWS The U.S. National Highway Traffic or suspect that you have contact Clay at Safety Administration (NHTSA) in July 800-898-2034 or by email at Clay. upgraded and expanded a probe into 1.33 [email protected]. The Alabama Governor’s Race Is Heating Up million Ford Explorer SUVs over reports Early of exhaust odors in vehicle compart- ments and exposure to carbon monoxide. Ford Fiesta And Focus Transmission Alabamians have already seen a good bit of activity in the 2018 race for gover- NHTSA said it is evaluating preliminary Settlement Gets Final Approval testing that suggests carbon monoxide nor. Gov. Kay Ivey will face a challenge levels may be elevated in certain driving A California federal judge has given from Huntsville Mayor Tommy Battle in scenarios. final approval to the class action settle- the Republican primary. There is also a Police agencies have reported two ment between Ford Focus and Fiesta Democratic primary fight involving Sue crashes that may be linked to carbon drivers and the automaker, ending a five- Bell Cobb and Tuscaloosa Mayor Walt monoxide exposure and a third incident year-old lawsuit over defective transmis- Maddox. This means there will be a involving injuries related to carbon mon- sions. There were numerous objections heated General Election in the gover- oxide exposure. The city of Austin, Texas to the agreement. U.S. District Judge nor’s race. said in July it would remove all 400 of the Andre Birotte Jr. said he had determined It appears at this juncture that Gov. city’s Ford Explorer SUVs from use for that the settlement, which was Ivey, a very popular incumbent, will win additional testing and repairs after the announced in March, is fair and reason- the primary and then be elected to a full city said 20 police officers were found able and that none of the objectors, either term next year in the General Election. with elevated levels of carbon monoxide. alone or together, convinced him other- Gov. Ivey has done a tremendous job of The department returned the vehicles to wise. As a “claims made” agreement restoring confidence in government at service after repairs and testing. under which Ford Motor Co. must pay the state level, having inherited a real In July, Ford said it would pay to repair out all legitimate claims, the settlement mess. She has brought a breath of fresh police versions of its Ford Explorer SUVs does not have a set value, but an expert air to the state capital. It’s significant that to correct possible carbon monoxide for the drivers has estimated its value at Gov. Ivey has a very high favorability leaks that may be linked to crashes and $35 million. rating—one of the highest for any gover- injuries after some police reports tempo- The settlement will provide “substan- nor in the U.S.—based on several rarily halted use of the vehicles over tial cash payments” and other benefits to recent polls. carbon monoxide concerns. people across the U.S. who owned or Looking ahead, I believe the two In 2016, Ford agreed to settle a U.S. leased new or used 2011-2016 Fiestas and mayors mentioned above will come out class-action lawsuit involving 1 million 2012-2016 Focuses—a total of about 1.5 of the election cycle in 2018 as the bright- 2011-2015 Explorer SUVs over exhaust million vehicles. The drivers claimed that est stars in their respective parties. I also odor complaints, including reimburse- the vehicles’ PowerShift transmissions predict that Gov. Ivey will have a highly ments of up to $500 for repairs and the malfunctioned in a way that caused their productive and successful run as Ala- company agreed to make repairs. That cars to buck, kick or jerk when they bama’s chief executive. I wish her the settlement was approved in June, but has attempted to accelerate. The benefits very best. not taken effect. An objection to the set- include at least $200 in cash for drivers tlement was dismissed by the 11th Circuit who had to have their transmission Court of Appeals on Oct. 16, clearing the repaired at least three times, or a dis- Special Elections In Alabama way for settlement initiation. count toward the purchase of another Ford has issued four technical service Ford vehicle. Special elections are becoming so bulletins related to the exhaust odor Drivers will be able to collect increas- common in Alabama that they are becom- issue to address complaints from police ing amounts for every repair after the ing pretty much “old hat.” Of course, the

4 BeasleyAllen.com nation has its eyes on the state’s most for a primary, the general election will be from lawsuits enjoyed by other sover- prominent special election, which will held March 27. eign powers. determine who is going to Washington, And, because in 2018 all 140 legislative In 1934, the U.S. Congress passed the DC, to fill the vacant U.S. Senate seat. seats will be on the ballot, it’s possible Indian Reorganization Act. At that time, That battle has boiled down to two-time the newly elected candidate may not about 160 tribes were adopted by the Act. Alabama Supreme Court Justice Roy even get a chance to serve. This leaves The Act restored to the Indians the man- Moore—who upset the apple cart when countless people in these districts agement and control of their assets and he defeated Luther Strange, the Washing- without representation; without a voice. the right to self-govern themselves and ton crowd’s choice, in the Republican Additionally, special elections cost the decease federal control over Indian primary runoff—and Democrat Doug taxpayers money, and they usually have affairs. Because this Act made each tribe Jones. The special election for the seat woefully low voter turnout, so barely any a Nation unto itself, thus each tribe was originally vacated by Sen. Jeff Sessions bang for the buck. entitled to the legal doctrine known as when he was appointed U.S. Attorney There is currently no other recourse tribal sovereign immunity. General will be held on Dec. 12. At this because the state Constitution requires Over the next 40 years, the Indian juncture it appears that Judge Moore is that when a legislative seat is vacated, a tribes became more involved in commer- leading in the race and will win it. special election must be scheduled, and cial enterprises, more Indian groups But in addition to the U.S. Senate race, the seat must remain empty until that sought tribe status. Currently 567 have which has gotten a great deal of national election is completed. But that may not tribe status. In May 1975, The Band of attention, there are three vacant seats in always be the case. Sen. Rusty Glover Poarch Creek Indians signified its intent the Alabama Legislature, two in the (R-Semmes) has presented a bill that to apply for recognition as a tribe and House and one in the Senate. The matter would change the state’s Constitution so conveyed a tract of land in Escambia is complicated because all three positions that if a vacancy occurs during the last County, Alabama, in trust to the Depart- are near the end of four-year terms, two years of the term, the governor ment of Interior. This was a requirement meaning almost as soon as they are filled would appoint a replacement to finish to obtain tribe status. they will be up for re-election. The vacan- the term, and that appointee could not The Department of Interior in 1984 cies include: run for a full term. granted the Poarch Band of Creek Indians Sources: AL.com and CNN recognition as a tribe. In 1985, a year • House District 4—This seat, serving after achieving federal recognition, the Morgan and Limestone counties, was Indians opened their first casino in vacated when House Majority Leader Escambia County, Alabama. Micky Hammon (R-Decatur) was con- IV. As early as the 1990s, legal challenges victed for mail fraud. COURT WATCH to tribal sovereign immunity began to • House District 21—Serving Madison make their way to the United States County, this seat was vacated by the Supreme Court. In a 1999 case, Kiowa Tribe of Oklahoma v Mfg. Technologies, death of Rep. Jim Patterson Tribal Sovereign Immunity - What Is It And (R-Meridianville). Inc., Justice Kennedy, writing for the How Does It Apply To You majority stated the following: • Senate District 26—Serving Montgom- It is quite evident that most people do There are reasons to doubt the ery; was vacated when Sen. Quinton not know what Tribal Sovereign Immu- Ross (D-Montgomery) resigned to wisdom of perpetuating the doc- nity is. Actually, they don’t have any trine. At one time, the doctrine of accept a position as President of reason to know the ramifications of this Alabama State University. tribal immunity from suit might legal defense. Unless you have a reason to have been thought necessary to Due to the timing for the elections to be involved in litigation with an Indian* protect nascent tribal governments fill these vacancies, all three seats will tribe, there would be no reason to know from encroachments by States. In still be empty when the legislative session how it might affect you. (*Note that our interdependent and mobile starts Jan. 9, and it’s possible that they Native Americans are referred to as society, however, tribal immunity could remain vacant until the legislature Indians in legal reference to Tribal Sover- extends beyond what is needed to breaks on or around April 23. eign Immunity.) Our law firm had to deal safeguard tribal self-governance. Primary elections for the Alabama with this immunity defense involved in This is evident when tribes take Senate seat and House District 4 seat have litigation in Alabama and other parts of part in the Nation’s commerce. been set by Gov. Kay Ivey for Dec. 12 to the United States. As a result, we have Tribal enterprises now include ski coincide with the general election become very familiar with this matter resorts, gambling, and sales of ciga- between Moore and Jones. The general and have seen how Indian tribes use it to rettes to non-Indians. (citations elections for the Alabama Legislative avoid personal and corporate omitted). In this economic context, seats will be held either Feb. 27, 2018, or responsibility. immunity can harm those who are May 15, 2018, depending on whether Tribal sovereign immunity is defined unaware that they are dealing with there is a need for a runoff. The primary as: Indian tribes are domestic dependent a tribe, who do not know of tribal election for House District 21 will be held nations that exercise inherent sovereign immunity, or who have no choice Jan. 9, 2018. If a runoff is needed, it will authority. The United States Constitution in the matter, as in the case of be held March 27 and the general elec- gives the U.S. Congress the power to tort victims. tion June 12. However, if there is no need allow the Indians to legislate themselves. The core aspect of sovereignty is that These considerations might suggest a tribes possess the common-law immunity need to abrogate tribal immunity, at least

JereBeasleyReport.com 5 as an overarching rule. There had been authority based on the legal doctrine of 3. Plaintiff’s Response to Defendants Wind Creek several challenges over the years, both at Tribal Sovereign Immunity. Casino and Hotel, Wetumpka, PCI Gaming Authority, and the Poarch Band of Creek Indians’ the State and Federal level attempting to In a unanimous opinion, with two jus- Motion for Summary Judgment in Wilkes, et al. v. change or make an exception to the legal tices recused, written by Chief Justice Wind Creek Casino and Hotel, Wetumpka, et al. In doctrine of Tribal Sovereign Immunity. Stuart, the Court held that while they rec- the Circuit Court of Elmore County, Alabama- In 2016, The United States Supreme ognize the doctrine of Tribal Sovereign CV-15-900057. Court agreed to hear an appeal from the Immunity, there are no statutes or trea- Supreme Court of Connecticut. This case ties defining the limits of Tribal Sover- involved a claim by Brian and Michelle eign Immunity and that task has been left Lewis. The Lewises were driving on I-95 to the United States Supreme Court in sit- V. in Norwalk, Connecticut, when a limou- uations where tribal and non-tribal THE CORPORATE sine driven by William Clarke, an members interact. employee of Mohegan Sun Casino, struck The Court took particular notice of WORLD the Lewises’ car in the rear while trans- prior U.S. Supreme Court cases in which porting patrons to the Casino. sovereign immunity hurts those who The Lewises sued Mr. Clarke, but not have “no choice in the matter” and that Senate Votes To Kill CFPB Arbitration the tribe in Connecticut State Court for Tribal Sovereign Immunity still applies to Rule state claims. Mr. Clarke moved to dismiss “contract” cases. The Court further rec- the Lewis’ lawsuit under the doctrine of ognized that the U.S. Supreme Court has The U.S. Senate voted last month to Tribal Sovereign Immunity. The trial never recognized that Tribal Sovereign overturn a Consumer Financial Protec- court denied Clarke’s Motion to Dismiss. Immunity applies to tort victims or to tion Bureau (CFPB) rule that would have Clarke appealed to the State Supreme persons who had not chosen to deal with prohibited class action bans in arbitration clauses. The Senate voted 51-50 to nullify Court of Connecticut, which reversed the an Indian tribe.1 trial court, holding that Clarke was The Court declined to extend Tribal the CFPB’s arbitration rule, with Vice afforded Tribal Sovereign Immunity since Sovereign Immunity in this case, since President Mike Pence breaking a 50-50 he was an employee of the tribe and con- the U.S. Supreme Court has not done so. tie. All but two Republicans voted in ducting tribal business and the Lewises The victims in this case did not choose to favor of the disapproval resolution, with could not circumvent tribal immunity by interact or engage with the Defendants. Sens. Lindsey Graham of South Carolina merely naming Mr. Clarke as a Defendant. They were driving lawfully on a public and John Kennedy of Louisiana and all 48 On April 27, 2017, the United States road when they became innocent victims Democrats voting against it. Supreme Court issued its opinion in with no remedy and the Court was not The vote came after the U.S. House of Lewis v Clarke. In a unanimous opinion going to shield the tribe from the tort Representatives voted in July to eliminate written by Justice Sotomayor, the Court claims based upon the legal doctrine of the CFPB’s rule under the Congressional said: The lawsuit against Mr. Clarke to tribal sovereign immunity. Review Act (CRA), a 1996 law that allows recover for his personal actions, “will not The two recent decisions addressing Congress to overturn recently finalized require action by the sovereign or disturb Tribal Sovereign Immunity are steps in regulations with simple majority votes in the sovereign property.” The Court went the right direction to fix an archaic doc- both houses. President Donald Trump is further to explain that to extend Tribal trine that no longer is needed. At the very expected to sign the resolution. He has Sovereign Immunity to Clarke or other least, Congress should amend the doc- put his full support behind this anti-con- tribal employees would go beyond the trine to conform with other immunity sumer measure. CFPB Director Richard common law sovereign immunity princi- doctrines offered governmental employ- Cordray called the vote a “giant setback” pals and can be no broader than other ees. If you need more information on this for consumers that preserves a “two-tier” protection offered other persons who are subject, contact Mike Crow, a lawyer in system of justice where consumers are entitled to immunity defenses. our firm’s Personal Injury & Products Lia- shut out of court. Cordray said in a On Sept. 29, 2017, the Alabama bility Section, at 800-898-2034 or by statement: Supreme Court issued two opinions email at [email protected]. It robs consumers of their most dealing with Tribal Sovereign Immunity Mike has handled a number of cases effective legal tool against corpo- and the Poarch Creek Indian tribe. One of involving this area of litigation. rate wrongdoing. As a result, com- the cases involved a casino employee References: panies like Wells Fargo and Equifax who on New Year’s Eve 2014 drank 1. The Supreme Court of Alabama opinion, Casey remain free to break the law alcohol all night and into the early Wilkes and Alexander Russell v PCI Gaming without fear of legal blowback morning hours. She came to work the Authority d/b/a Wind Creek Casino and Hotel, from their customers. next day at 8 a.m. Shortly after arriving at Wetumpka and Poarch Band of Creek Indians, work, she left in a company vehicle to Opinion No. 1151312 (released 9/29/17 and The CFPB rule, released in July, would 10/3/2017) perform company business. Later that have barred companies from putting morning she was involved in a head on 2. Supreme Court of the United States opinion, Brian class action bans in their arbitration Lewis v William Clarke, Opinion No. 15-1500, agreements, allowing consumers to sign collision with two persons and one of (released April 25, 2017) them was seriously injured. on to class action litigation against banks, A lawsuit was filed on behalf of the credit card companies, payday lenders two injured persons against the Poarch and other companies that have used such Creek Indians, the gaming authority and bans in the past. The CRA also says regu- its employee. The trial court dismissed all 1 Wilkes and Russell v. PCI Gaming Authority lators cannot issue rules that are substan- claims against the tribe and gaming d/b/a Wind Creek Casino and Hotel, Wetumpka (Op# tially similar to ones that have been 115132, date 10/3/17)

6 BeasleyAllen.com disapproved by Congress, making it part of a supplier is a grave issue,” said modity Exchange Act manipula- impossible for the CFPB to come forward Toyota, which said potentially deficient tion cases.” with a rule that takes the same tack in Kobe metals were used to make the The exchange-based investors, which any future effort to rein in arbitration hoods and rear doors of vehicles manu- include investment manager Metzler clauses. Sen. Sherrod Brown, D-Ohio, factured in Japan, according to the Finan- Investment GmbH, transacted in eurodol- said in a statement: cial Times. Honda and Nissan have also lar futures and options on the Chicago said they used the affected metals to Mercantile Exchange. Under the various Forced arbitration takes power make auto hoods and doors. agreements, Deutsche Bank will pay away from ordinary people and Boeing commented on the matter, them $80 million, Citigroup will pay gives it to big banks and Wall Street saying it was running comprehensive $33.4 million, Barclays will pay $20 companies that already have an inspections and analyses of Kobe Steel million, and HSBC will pay $18.5 million, unfair advantage. materials since it was informed of the according to the memorandum. The set- The rule had been opposed by the company’s data falsification. “Nothing in tlements with Deutsche Bank, Citigroup financial services industry. It would be our review to date leads us to conclude and HSBC were all finalized in July and interesting to see how much lobbyists for that this issue presents a safety concern, cover a proposed class period spanning the affected industries have given in cam- and we will continue to work diligently from Jan. 1, 2003, through May 31, 2011. paign donations to members of Congress. with our suppliers to complete our inves- The settlement with Barclays was agreed The power of the banks, credit card com- tigation,” it said. to in October 2014 and received prelimi- panies and payday lenders is beyond Yasuji Komiyama, director of metal nary approval from the court the next description. Ordinary citizens badly need industries at Japan’s Ministry of Economy, month. But Judge Buchwald declined to friends in Washington who will protect Trade and Industry, said the Kobe Steel certify a class at the time. This recent their interests. scandal was “threatening fair and proper motion said Barclays’ agreement would trading” by other companies. The Japa- be modified to harmonize the class Source: Law360.com nese government became aware of the period with that of the other banks. scandal last month. According to The In addition to the monetary consider- Guardian, other possible data manipula- ations, the agreements all provide for Kobe Steel Metals Scandal Impacts Global tions at Kobe Steel may stretch continued access to documents and trans- Manufacturers back a decade. actional data related to “Eurodollar unse- The Kobe Steel scandal is the latest cured borrowings or loans in the London Kobe Steel, one of Japan’s largest metal major manufacturing scandal to tarnish interbank market,” which the motion said manufacturers, has admitted that it falsi- the “made in Japan” image, coming amid would assist the investors in their contin- fied quality and durability data for at least the Takata airbag scandal that led to the ued litigation against the Defendants in 20,000 tons of steel it sold to manufactur- biggest automotive recall in history, and the cases that are not settling. ers. In turn these manufacturers used the in the wake of several other scandals, The litigation arises from a multiyear potentially inferior metals in cars, air- including Toyota’s sudden unexpected investigation into banks’ alleged rigging planes, rockets, high-speed trains, acceleration crisis and Mitsubishi’s fuel of Libor, which tracks how much banks defense equipment and other products. economy falsification scandal. charge one another to borrow funds. “The credibility of Kobe Steel has Sources: Financial Times and The Guardian Investigations by government regulators plunged to zero,” Kobe’s chief executive, around the world sparked a series of law- Hiroya Kawasaki, said after the company suits that eventually were combined into admitted first to falsifying data about the multidistrict litigation in New York’s Investors Ask For $152 Million In Libor strength and durability of its aluminum Southern District. Settlements To Be Approved and copper products and then to falsify- In December 2016, Judge Buchwald ing data about its iron ore powder. Exchange-based investors have asked a preliminarily approved a $120 million The apparent fraud came to light after “ice-breaker” settlement between Bar- the Central Japan Railway Company New York federal judge to approve $151.9 million in settlements reached with clays and a group of investors that tested parts of its high-speed bullet trains directly purchased financial instruments and discovered that more than 300 com- several banks in multidistrict litigation (MDL) that alleges a scheme to manipu- tied to the Libor rate from August 2007 ponents made of Kobe Steel materials did and May 2010. These “over-the-counter not meet the required and agreed-upon late the London Interbank Offered Rate (Libor) benchmark. The investors sent a Plaintiffs” include Yale University and Bal- standards. timore city officials. In August the same The full scope of Kobe Steel’s decep- letter to U.S. District Judge Naomi Reice Buchwald, seeking permission to file a group agreed to a $130 million settlement tion is not yet clear, but it is known that with Citigroup. the company supplied falsely certified motion for preliminary approval of sepa- rate settlement agreements inked with The case is Metzler Investment GmbH metals to Boeing, Toyota, Nissan, Honda, et al. v. Credit Suisse Group AG et al., Mazda, Subaru, Mitsubishi Heavy Indus- Deutsche Bank AG, Citigroup Inc., Bar- clays PLC and HSBC PLC. They said in a (case number 1:11-cv-02613) and the MDL tries, Kawasaki Heavy Industries and is In re: Libor-Based Financial Instru- about 200 other manufacturers. memorandum supporting the expected motion that the settlements combined ments Antitrust Litigation, (case number Many of the companies affected by the 1:11-md-02262) both in the U.S. District false safety certifications said they are make them one of the largest of their kind. The memorandum said: “Here, the Court for the Southern District analyzing components and running of New York. safety checks. “We recognize that this proposed settlements are, in aggregate, breach of compliance principles on the one of the largest in the history of Com- Source: Law360.com

JereBeasleyReport.com 7 Hi-Tech To Pay $40 Million In Sanctions In The court recognizes that the com- without being compensated, the order FTC Labeling Suit pensatory sanctions are significant, states. It was significant that no class but so, too, was the defendants’ con- members objected to the requested fees. A Georgia federal judge has ordered tumacious conduct. While the Judge Chesler also granted $100,000 from Hi-Tech Pharmaceuticals Inc. and three defendants essentially claim that the settlement fund to Louisiana Whole- individuals last month to pay $40.1 several of the violations were sale Drug Co., the class representative. million in compensatory sanctions for honest mistakes, the record is The suit deals with the supplement violating an injunction in a Federal Trade replete with evidence—both direct K-Dur, which treats potassium deficien- Commission (FTC) suit. U.S. District and circumstantial—showing an cies including those that stem from Judge Charles A. Pannell Jr. said the sup- intentional defiance of the court’s taking diuretics to treat high blood pres- plement maker, its CEO Jared Wheat, injunctions. sure. It was made by Schering-Plough Senior Vice President Stephen Smith and Corp., which merged with Merck & Co. Dr. Terrill Mark Wright, who endorsed The FTC’s counsel Amanda C. Basta Inc. during the litigation. Schering sued certain products, violated permanent said the court’s decision sends a “strong Upsher-Smith Laboratories Inc. in 1995 injunctions barring them from making message” that companies marketing these for patent infringement when the latter unsubstantiated claims about weight-loss products need proper scientific backing. tried to bring a generic on the market. products when they printed unfounded She stated: They settled that more than two years advertisements about four products. We are optimistic that this decision later, with Schering paying Upsher $60 Judge Pannell said: will enable us to eliminate the million and Upsher putting its product on hold. The FTC has established that the deceptive advertising that was in It was contended by the purchasers— defendants violated the injunc- this case, and hopefully redress the including Walgreen Co., Rite Aid Corp. tions. The record is clear that the consumers who were injured by the and CVS Pharmacy Inc.—that the misrepresentations were material, deceptive claims. payment was not for products that were were widely disseminated, and that Hi-Tech, Wheat and Smith must also under development, as the parties consumers purchased these recall all products whose packaging claimed, but rather an illegal payment to four products. includes unsubstantiated claims, Judge delay the release of generic versions of The sanctions arise from a suit brought Pannell said. The FTC is represented in K-Dur. As a result, the brand name drug by the FTC more than 13 years ago, alleg- this matter by Amanda C. Basta, Evan M. was priced artificially high in violation of ing the company and its executives made Mendelson and Cindy A. Liebes. The case the Sherman Act. The $60 million settle- unfounded claims about two weight-loss is FTC v. National Urological Group Inc. ment between the direct purchasers and products, Thermalean and Lipodrene. et al., (case number 1:04-cv-03294) in the the drug companies was reached in Feb- The court awarded the FTC summary U.S. District Court for the Northern Dis- ruary during the fourth round of media- judgment in 2008, and entered a perma- trict of Georgia. tion, the class said. nent injunction against Hi-Tech, Wheat Source: Law360.com It’s most significant that this lawsuit and Smith and a separate injunction led the U.S. Supreme Court to consider against Wright. Three years later, the FTC reverse payment settlements in the 2013 Federal Trade Commission v. Actavis contended Hi-Tech, Wheat and Smith had $60 Million Merck Pay-For-Delay Inc. case. The motion to approve the set- violated their injunction with an Settlement Approved unfounded advertising campaign about tlement stated: four weight-loss products, Fastin, Sti- A New Jersey federal judge has This was one of the earliest anti- merex-ES, Benzedrine and a reformulated approved the $60 million settlement trust cases challenging reverse version of Lipodrene. The FTC also agreed to by Merck and Upsher-Smith payment settlement agreements argued that Wright had violated his with a class of direct purchasers who between brand and generic phar- injunction by backing Fastin with unsub- accused the drug companies of engaging maceutical manufacturers as viola- stantiated statements. in a pay-for-delay scheme related to potas- tive of the antitrust laws and class Judge Pannell determined that the FTC sium supplements. U.S. District Judge counsel litigated the cutting-edge proved “by clear and convincing evi- Stanley R. Chesler issued his final legal issues presented in this case dence that the injunctions were valid and approval of the settlement that he had all the way up to the Supreme Court lawful, they were clear and unambigu- preliminarily approved in May, ending of the United States. ous, and the Defendants had the ability to the long-running multidistrict litiga- comply.” The judge found that the defen- tion (MDL). The case is Hip Health Plan Of F et al. dants clearly violated the injunctions. Judge Chesler then granted the class v. Schering-Plough et al., (case number Judge Pannell ordered Hi-Tech, Wheat counsel one third in attorneys’ fees total- 2:01-cv-01652) and the MDL is In Re and Smith to pay about $40 million in ing more than $20 million, plus $3 K-Dur Antitrust Litigation, (case number compensatory sanctions, and ordered million in costs and expenses, and inter- 1419) both in the U.S. District Court for Wright to pay $120,000 in compensatory est. The lawyers working on the case— the District of New Jersey. sanctions. The FTC is to reimburse cus- who are from Garwin Gerstein & Fisher Source: Law360.com tomers who bought the products with LLP; Odom & DesRoches LLP; Cohn these funds, the court said. Judge Lifland Pearlman Herrmann & Knopf Pannell stated: LLP; Berger & Montague PC; Smith Segura & Raphael LLP; and Heim Payne & Chorush—put in more than 46,000 hours

8 BeasleyAllen.com VI. was crash tested in May 2005” and that In this case, FHWA knew of Harman’s “[t]he Trinity ET-Plus with the 4-inch allegations, yet still approved the contin- WHISTLEBLOWER guide channels became eligible for ued reimbursement of the ET-Plus guard- LITIGATION Federal reimbursement … on September rail units despite the claims. The appeals 2, 2005.” Additionally, the Department of court found that the evidence at trial fell Justice responded to Harman’s Touhy short of demonstrating that material false request to produce potential witnesses by statements were made. This action dem- Fifth Circuit False Claims Act Decision On deferring to the FHWA June 2014 memo- onstrates the importance of ensuring Materiality randum as the government’s position. every element of the FCA is met, espe- In late September, the United States Following a six-day jury trial, a verdict cially materiality in light of the Supreme Court of Appeals for the Fifth Circuit con- was reached in favor of Harman. Subse- Court’s Escobar decision that held materi- cluded that the Government was not quently, the FHWA started an indepen- ality is an element that is “rigorous” and defrauded under the False Claims Act due dent testing of the products that were “demanding.” to its knowledge of alterations to guard- installed around the country. A collection Source: US ex rel. Harman v. Trinity Industries Inc., et rails purchased by state governments of state, federal, and other transportation al., No. 15-41172, 2017 WL 4325279,—F.3d—(5th Cir. 2017). with federal funds. Joshua Harman, a cus- experts examined the ET-Plus installa- tomer of Trinity Industries (Trinity), filed tions and concluded that: a False Claims Act (FCA) suit in the • there was not any evidence to suggest Chemed To Pay $75 Million Over False Eastern District of Texas against Trinity, there were multiple versions of the Claims Lawsuit alleging that Trinity failed to disclose fab- ET-Plus of the highways and ricated changes to its ET-Plus guardrail Chemed Corp and its subsidiaries, system through a Federal Highway • the units that were tested were “repre- including Vitas Hospice Services LLC and Administration (FHWA) policy requiring sentative of the devices installed across Vitas Healthcare Corp, have agreed to pay disclosure of any changes to government the country.” $75 million to settle a federal lawsuit funded highway systems. Specifically, alleging false claims for hospice services Harman claimed that Trinity failed to Following these results, the district to Medicare, the U.S. Justice Department disclose: court denied Trinity’s motion for judg- ment as a matter of law and entered judg- announced the settlement on Oct. 30. • the change from a 5-inch rail feeder ment in favor of Harman and the United The claims relate to billing for ineligible chute to a 4-inch rail chute; States for $663,360,750, as well as patients and inflated levels of care, the $19,012,865 in attorney’s fees. The Fifth department said in a statement. Vitas • changes to the exit gap; Circuit, sitting in review of the district Hospice Services is the largest U.S. for- profit hospice chain. We did not have all • changes to the feeder chute assembly; court’s denial of Trinity’s rule 50(b) motion, looked to the question of of the details of this settlement at • changes to the feeder chute assembly whether Trinity was entitled to judgment press time. length; and as a matter of law on the issue of materiality. • other changes to the ET-Plus system. The False Claims Act prohibits anyone Fraud In The For-Profit Education Industry These allegations arise from a report from defrauding the government through Continues To Be Rampant sent from Trinity to FHWA in 2005 that false statements or fraudulent activity. In included the changes made to the 31-inch reversing the lower court’s decision, the Charlotte School of Law, a for-profit guardrail height, but did not include the Fifth Circuit held: school, closed in August amid charges that it defrauded taxpayers out of $285 changes of the guide channel width or • the policy only required disclosure of other related changes. million over a five-year period. Whistle- significant changes, subject to an engi- blower Barbara Bernier, a law professor, The federal government funds the neer’s judgment; enhancement of state highways through says the school cheated to circumvent the reimbursement of the installations of • there was not any proof presented that American Bar Association accreditation guardrail end terminal systems. However, showed Trinity acted with knowledge and federal funding requirements. Her these systems are required to meet stan- of the falsity of its statement; and whistleblower lawsuit, filed under the dards and obtain acceptance from the federal False Claims Act, remains FHWA before they become eligible for • the activity did not materially cause the ongoing. One egregious example related federal reimbursement. Testing of the government to pay out money that it by Bernier involves the school paying products may be required, unless the would not have otherwise done. at-risk students to not take the bar exam system changes “are nearly certain to be so that the school would not lose accredi- The Fifth Circuit noted that the 2005 tation due to a low bar passage rate. safe” or “so similar to currently accepted changes did not affect FHWA’s choice to features that there is little doubt that they In addition to Professor Bernier’s alle- keep purchasing the guardrails at issue in gations, the school faces several state and would perform acceptably.” the present or future. In fact, the Fifth In response to the accusations in Har- federal lawsuits from disgruntled stu- Circuit further stated that the relevant dents stuck with thousands of dollars in man’s FCA suit, the FHWA released a question was not what Trinity disclosed memorandum on June 17, 2014 maintain- student debt following the school’s to FHWA, but rather FHWA’s findings in a closure. The North Carolina attorney ing that the FHWA “validated that the June 2014 memorandum that effectively ET-Plus with the 4-inch guide channels general has opened a civil fraud dismissed Harman’s concerns. investigation.

JereBeasleyReport.com 9 Fraud in the for-profit education sector Exposure to asbestos is linked to the Grubb, Larry Golston, and Lance Gould— has been a widespread problem for years. development of mesothelioma, a deadly at 800-898-2034 or by email at Andrew. In 2015, Beasley Allen clients were instru- cancer that affects the lining of the [email protected], Archie. mental in shutting down Corinthian Col- organs, most commonly the lungs and [email protected], Larry. leges, a for-profit school with campuses abdomen. There is no known cure for [email protected] or Lance. throughout the United States. Whistle- mesothelioma. [email protected]. blowers from the school’s Atlanta The 231 employees of Stevenson Hall campus, who were primarily admissions will share about $725,000 of the penalty, and financial aid officers, disclosed the amounting to $3,100 per employee, school’s scheme to inflate attendance, according to the news source. The uni- VII. grades, and job placement rates in order versity must also rehire Sargent as an PRODUCT to maintain accreditation and keep the environmental health and safety special- spigot of federal dollars flowing. Due to ist and pay him two years back wages. LIABILITY UPDATE the whistleblowers’ efforts, Corinthian Dustin Collier, a lawyer for Colleges filed bankruptcy and closed all Sargent, stated: its campuses nationwide. What Products Liability Lawyers At While schools may pay fines, file bank- We are happy that between the Beasley Allen Wish You Knew ruptcy, and even close, the bad actors— judge and the jury, these violations executives, administrators, and complicit have been exposed. The university The product liability lawyers at Beasley faculty—are rarely punished. The true can no longer deny their existence. Allen are contacted on a frequent basis victims are the students, who in many We are hopeful this will be a cata- from grieving families who have lost a cases have wasted several years and thou- lyst for change. loved one, and who are enduring grief sands of dollars on worthless, unaccred- and pain most of us cannot imagine. The Sargent raised the alarm over how the reason for the contacts will be a tragic ited degree programs. Student debt school ordered employees to blow lead forgiveness by third-party lenders is often occurrence caused by a defective off a roof with a leaf blower and con- product. When that happens, our lawyers unavailable. tacted environmental authorities when Lawyers at Beasley Allen continue to open a file, and then get to work immedi- asbestos dust was found in Stevenson ately. When a case comes in, our in-house investigate whistleblower claims related Hall. For those actions, he claimed in his to the misuse of federal funds in the for- investigators do a background investiga- lawsuit he faced retaliation at work and tion on the case, work with law enforce- profit education industry. Recruiters, eventually felt he had to quit in July 2015 admissions counselors, and career ser- ment, preserve the accident scene, and after 24 years with the school. The Uni- communicate their findings to the vices personnel are often in the best posi- versity says it will appeal the decision. tion to uncover such fraud. Successful lawyers assigned to the case. Source: The Press Democrat whistleblowers are rewarded with a per- Our lawyers will then work through a centage of the recovery obtained on painstaking process to put all of the behalf of the government. For further pieces of the puzzle together. They will information, contact Archie Grubb or Recommendations For Potential interview witnesses, search product and Andrew Brashier, lawyers in our firm Whistleblowers accident literature, talk to physicians, who are on the Whistleblower Litigation contact qualified experts throughout the Team, at 800-898-2034 or by email at Potential whistleblowers should country, analyze the injuries, and spend [email protected] or consult with an experienced False Claims hours carving through the details of the [email protected]. Act (FCA) lawyer to ensure they have a incident causing injury or death. All the case that can be pursued under the FCA. while, our support staff works to orga- These cases are very complicated and nize everything so the lawyers can require a great deal of work in investiga- quickly access what can be terabytes of University To Pay $2.3 Million For Safety tion and case preparation. information. Violations Exposing Employees To Asbestos Are you aware of fraud being commit- In the end, while every product liabil- ted against the federal government, or a California’s Sonoma State University ity case is different, they are also all the state government? If so, the FCA can will have to pay employees potentially same. They are different in that the facts, protect and reward you for doing the exposed to asbestos and other toxins due the specific product failure, and the fami- right thing by reporting the fraud. to occupational health and safety viola- lies are all different, and they all require a However, it is crucial that you have an tions, a judge ordered at the end of last certain unique touch and attention to experienced attorney examine every month. Employees will split a portion of detail. They are the same because the facet of your case to determine if you the $2.3 million penalty the school faces injuries are oftentimes permanent, qualify under the FCA to bring suit. If you for its environmental violations, accord- painful, life altering, and, most of the have any questions about whether you ing to The Press Democrat. The penalty time, fatal. More importantly, and disturb- qualify as a whistleblower, contact a is in addition to the $387,000 awarded in ingly, we find they are all the same lawyer at Beasley Allen for a free and con- March to a former employee turned whis- because a corporate wrongdoer secretly fidential evaluation of your claim. There tleblower, Thomas Sargent, for raising put profits over the safety and lives of is a contact form on the firm’s website at concerns about asbestos in crumbling their customers and the public generally. beasleyallen.com, or you may contact one floor and ceiling tiles in Stevenson Hall, Many huge corporations go to extreme of the lawyers on our Whistleblower Liti- one of the campus’ original buildings. lengths to keep their wrongdoing a gation Team—Andrew Brashier, Archie secret. Unfortunately, quite often they

10 BeasleyAllen.com are successful and that is because they The design worked like magic. It was internal discussions and documents are emboldened by a variety of factors. I cheap, simple and highly effective. that we have obtained from Johnson will discuss some of these factors: In Sweden, deaths from rollovers and & Johnson show a clear indifference tractor upsets dropped substantially to human life, which is impossible to • The federal regulatory agencies that due to incorporating these safety comprehend. Juries have been have the responsibility to regulate the devices. Testing showed that these appalled by Johnson and Johnson’s various industries are underfunded and safety devices all but eliminated a conduct. The huge and powerful understaffed. As a result the agencies hazard that had plagued agriculture drug company has spent millions of are not able to properly do their jobs. for decades. dollars on political races and utilized lobbying efforts to avoid facing litiga- • There is a serious problem in Washing- Yet, the tractor manufacturers and ton called the revolving door. We see tion. Johnson & Johnson is still fight- distributors refused to adopt ROPs ing hard in the effort to shut down this time and time again in our cases, protection as standard equipment. but essentially, corporate wrongdoers the litigation that has come. They Instead, they blamed tractor opera- will not be successful. will send their people to work in agen- tors and delegated the responsibility cies that regulate them, and they will for tractor safety from their design We could go on and on. The automo- also hire people from those agencies in engineers to the operators. Deaths bile industry is a prime example of how order to silence them or to cozy up to continued to mount. poor regulation can result in automakers people that are still with the agency. putting defective vehicles on the market. These efforts can cause investigations There was a good bit of litigation Let’s start with General Motors and its that hold wrongdoers accountable to resulting from tractor roll-overs. 2500 program, where the automaker took disappear. However, the litigation didn’t get $2,500 dollars worth of the structural much attention. It took a lawsuit • At the same time, these corporate support out of their vehicles so GM could handled by our firm against Kubota make more profit per vehicle, making the wrongdoers will spend millions of to make the entire industry do the dollars—not to fix their products, warn vehicles less safe. This has caused cata- right thing. This lawsuit got interna- strophic damages to its customers. The the public, or pay the families that they tional attention and finally the hurt—but to lobby lawmakers to following are several other examples of tractor industry responded, bringing cases handled by our firm: quietly pass laws designed to insulate about needed safety changes. them from liability or to weaken the • General Motors also knew about faulty agencies that regulate them. Most of the companies had internal ignition switches for more than 10 committees calculating whether years, but elected not to take action • These corporations pour their money they should save lives and put ROPs into political races to stack the deck that would have saved lives due to the protection on their tractors, or costs associated with recalls; against people that could hold them whether they should save money accountable. instead. We settled another of these • Toyota ignored about 10 years of All of this is so the huge corporations recently and have another case sudden acceleration deaths, and can go about making as much money as pending in Arkansas now. For good blamed the user’s car mats when it possible to the detriment of their unsus- reason, the facts shock juries. knew the vehicles’ software Chrysler’s gaming of roof crush testing ignored pecting customers. To show folks that The talc litigation is another perfect this sort of thing actually occurs, I will the real-life consequences of a rollover example of how some in Corporate accident; give you examples of a few of the cases America operate. For decades, handled by our firm. Johnson and Johnson, along with its • Takata’s air bag problems; and experts, knew its talcum baby During the 1950s, 1960s and 1970s, • BP’s race to save money and harvest oil engineers, scientists, safety experts, powder was causing ovarian cancer in women that used its products in aboard the Deepwater Horizon cost 11 and experts in the tractor industry men their lives, tens of billions in eco- requested tractor manufacturers to the genital area. Internally, memos circulated throughout the company nomic damages to the states along the equip their tractors with roll bars Gulf of Mexico, and caused the worst and seat belts referred to as “ROPs” for years warning about how danger- ous the product was and acknowl- environmental disaster in United protection. For decades, tremendous States history. numbers of operators were being edging its link to ovarian cancer. killed by tractors that would become Instead of pulling back, or using We are now experiencing the opioid unstable and roll over, crashing the corn starch (which is known to be epidemic—the worst drug disaster in operators. The industry recognized safe), the company doubled down on United States history—which is actually in the 1960s that operators of all profits, and targeted African Ameri- turning into another example of extreme experience levels were going to can and Hispanic users. corporate greed and wrongdoing. A make mistakes because there were The cost of Johnson and Johnson’s recent 60 Minutes program put on full so many variables in play when oper- recklessness is tremendous and is display, in painstaking detail, how far the ating a tractor. hard to bear. Tens of thousands of drug companies and their suppliers were willing to go to make money at the Instead of blaming the operators, the women have developed ovarian cancer as a result, and many have expense of the American people. Thou- experts suggested an alternative in sands of families are now suffering as a the 1950s—a roll bar and a seat belt. died at the hands of this company and more will certainly die. The result of the drug companies concerted

JereBeasleyReport.com 11 effort to pressure doctors to overpre- The recall was publicized through a The American Academy of Pediatrics, scribe addictive drugs. When the compa- national advertising campaign and news Consumers Union, Public Citizen and nies were investigated a few years ago, coverage. Ikea says it sent millions of other groups called on the CPSC to they used the agency revolving door and emails to consumers in its database and increase efforts to reach every home with their connections with politicians to kill promoted the recall on social media. an affected dresser and provide incen- the investigations—ensuring that their However, the Dudeks were unaware of tives for consumers to get rid of the dress- racket could continue to victimize our the recall and said it was poorly publi- ers in their homes. The groups said: country. Sadly, we only know the tip of cized, according to Daniel Mann of the iceberg and almost daily more bad Feldman Shepherd Wohlgelernter Tanner Unfortunately, the communication news is reported. Weinstock & Dodig LLP, who is repre- efforts focused on anchoring a I could write a book on how Corporate senting the family. The family has deadly dresser to the wall are not America has operated, putting profits retained the law firm, but at press time enough on their own. Anchoring over safety and putting products known no lawsuit had been filed. “Sadly, Jozef’s devices are meant as a second layer to be defective on the market. All of these death was completely avoidable, had Ikea of protection for stable dressers— accounts that I mentioned above are real- adhered to safe design standards,” not as a replacement for making life experiences that our lawyers and our Mann said. stable dressers in the first place. clients have seen first hand. Sadly, there The Feldman Shepherd law firm repre- It is absolutely essential for defective are so many examples of corporate greed sented the families of three other young products to be recalled. Equally impor- leading to devastating results that there is boys who were killed by the recalled tant is the responsibility to make sure not enough space to talk about them. Our dressers. In late 2016, Ikea agreed to pay that owners and the public generally is political system is only making the situa- $50 million to settle claims filed before made aware of all recalls. tion worse. and after the recall. The settlement funds Source: Law360.com If you or a loved one has been hurt by a were evenly divided between the three dangerous product, lawyers in our firm families. Ikea also agreed to donate want to help you. If you are concerned $50,000 to a children’s hospital in the and want to make a difference, contact home state of each boy and $100,000 to Scientists Develop A Safer Lithium-ion your public officials, and especially Shane’s Foundation NFP, an organization Battery members of Congress, and let them know devoted to children’s safety with a focus how important it is to you that they keep on furniture tip-over prevention. Lithium-ion rechargeable batteries, you and your families safe from danger- Ikea had originally launched a repair which are found in smartphones, e-ciga- ous products. Your involvement can help program offering a free wall-anchoring rettes, hoverboards and many other prod- make a difference! repair kit for numerous chests and dress- ucts, have recently earned a reputation as ers, including the Malm units, the year being volatile following dozens of high- before the recall. That program was profile explosions throughout the brought about by the death of two young country. One of the problems is that the Young Child Killed By Recalled Ikea electrolyte within lithium-ion batteries is Dresser children in 2014. But in February 2016, a 22-month-old boy was killed in Minne- highly flammable. So, whenever a lith- ium-ion battery overheats or short-cir- A 2-year-old boy died in May when he sota when a six-drawer Malm unit fell on cuits, there is a real risk the electrolyte was trapped under an Ikea Malm dresser. top of him, according to the CPSC. The can ignite and cause an explosion or fire. This is believed to be the first death since agency said that none of the chests or Recently, a team of researchers from the recall last year of about 29 million dressers involved in those incidents had the University of Maryland and the U.S. chests and dressers prone to tipping over. been anchored to the wall. Ikea has also Army Research Laboratory found a poten- Ikea said it learned of the May accident in received reports of 41 tip-over incidents tial way around this, by developing a Buena Park, California, through the U.S. involving its Malm dressers, resulting in battery that contains a water-based salt Consumer Product Safety Commission 17 injuries to children between the ages electrolyte instead of a flammable elec- (CPSC). An initial investigation indicates of 19 months and 10 years, according to trolyte. This new battery reportedly hits the dresser was not properly attached to the CPSC. the 4.0-volt mark needed for laptop com- the wall. The father of 2-year-old Jozef A number of children’s health and con- puters and other household electronics Dudek put him down for a nap on May 24 sumer groups responded to the news without the risk of explosion and fire that and later found the boy trapped under- released of the tragic incident, saying in a traditional lithium-ion batteries present. neath the Malm dresser. joint statement that Jozef’s death high- More importantly, it is significantly safer In June 2016, the Swedish company lights the risks of tip-over accidents and and can withstand repeated wear and recalled about 8 million Malm chests and that the retailer’s “lackluster” efforts tear that can be expected when used in dressers and another 21 million child and didn’t fully communicate the hazards and combination with consumer electronics. adult chests and dressers in the U.S. fol- the recall to the public. The groups said: In the past, if a manufacturer wanted lowing the deaths of six children and to produce high energy batteries, it nearly 30 injuries. Consumers who had Companies must be held account- would choose a non-aqueous lithium-ion bought the affected furniture could able for their products’ safety, and battery, but would compromise safety in return the products for a full or partial the CPSC must be strong enough to doing so. If a manufacturer preferred refund; they could also order a free wall- force companies to take action in safety, it could use an aqueous battery, anchoring kit and secure the dressers ways that successfully get recalled but it would have to settle for lower themselves or have an Ikea employee products out of homes. handle the installation.

12 BeasleyAllen.com energy. The new technology seems to returned from that California court and As you can see, we have reached the combine the best of both worlds. immediately resumed preparations to point in this litigation where jury verdicts However, to be commercially viable, restart the Blaes trial that was set for are being scrutinized by trial courts and the new batteries would need to handle October 16. Unfortunately, the defen- appellate courts. This is all part of the thousands of cycles of discharging and dants were successful in getting the Mis- process, but this litigation is far from recharging. Currently, the new battery souri Supreme Court to issue a Writ of over. Expect more appellate rulings and can only handle between 50 and 100 Prohibition to keep the trial from going more jury verdicts from California, Mis- cycles of discharge and recharge. If the forward. This occurred on the Friday souri and other states. While we are not new battery design makes it through this night before the trial was set to start on likely to win all the preliminary battles, next stage of development, it would be Monday. Our trial team was already in St the science, facts and law are on the side ideal for use in all sorts of electronic Louis and was ready to proceed. Suffice it of the brave women we represent and we devices, particularly e-cigarettes and cell- to say, the Writ will keep us from going fully expect the truth will prevail and we phones where lithium-ion battery failure forward with that trial until a venue issue will ultimately win the war. Stay tuned. is more common. is briefed and resolved at the appellate For more information, contact Will level. This may take a few months. Sutton, a lawyer in our firm, at 800-898- In other news, just days after this Writ Appeals Court Upholds $27 Million Boston 2034 or William.Sutton@beasleyallen. was issued the Missouri Court of Appeals Scientific Pelvic Mesh Decision com. Will is handling litigation in this “reversed and vacated” the Fox verdict. area of concern. You will recall this was the first verdict The Eleventh Circuit Court of Appeals Source: Science Daily we got in Missouri—it involved the has ruled that a Florida federal judge was claims of Alabama native Jacqueline Fox right to consolidate the cases of four who used Baby Powder for decades and women who say they were injured by ultimately died of ovarian cancer. A St. Railroad Company Sues Over Defective Ties Boston Scientific Corp.’s defective pelvic Louis jury agreed with her allegations Made In Alabama mesh implants. The court upheld the and the supporting evidence and jury’s $27 million verdict. A three-judge One of the nation’s largest railroads returned a verdict against Johnson and panel said that while each woman may says it must replace millions of defective Johnson in the amount of $72 million have had different circumstances, their wooden railroad ties under its tracks dollars. That verdict was returned in Feb- suits came down to the same legal ques- because they are degrading faster than ruary of 2016 and it has since been on tions: whether the Pinnacle Pelvic Floor expected. In a lawsuit filed in federal appeal. The ruling by the Missouri Court Repair Kit was defective and whether the court, Norfolk Southern Railway says that of Appeals is based on the recent US product had sufficient warnings. The an Alabama company failed to use proper Supreme Court BMS opinion establishing jury awarded a total of $27 million in protective coating on more than 4.7 new rules for determining whether out of November 2014, but did not award Plain- million railroad ties. Norfolk Southern state claimants can maintain a lawsuit in tiffs punitive damages. Plaintiff Mania says that instead of using materials that a different state. The Missouri Court of Nunez received $6.53 million, Juana preserve the wood, officials with Appeals says the Fox case should not Betancourt and Amal Eghnayem each Boatright Railroad Products Inc. ordered have been filed in Missouri and therefore received $6.72 million and Margarita workers to “make them black” so they “reversed and vacated” the judgment. Dotres received $6.76 million. only appeared to be properly treated. The We believe this court was incorrect The panel said the court didn’t abuse Virginia-based railroad operates freight and we are in the process of appealing to its discretion in consolidating the claims trains in more than 20 states in the south- the Missouri Supreme Court. Not only and made it clear to the jury that each ern and eastern United States. Multiple was jurisdiction proper under the exist- case should be considered separately. Amtrak routes also use Norfolk South- ing rules at the time of filing the suit and The only individual claims that had to be ern’s tracks for passenger trains. We will at the time of the verdict. We now know decided were whether the device’s have more on this litigation as things that the defendants in the case had been design caused the injury and whether the develop. The cost of replacing the cross engaged in activities within the state of doctor was sufficiently warned. The dif- ties will be enormous. Missouri that comply with the new rules ference in awards to the four women established under BMS—namely, the proves the women were able to keep the defendants have been contracted with a cases separate, the opinion states. Missouri corporation to receive the talc Among a few other rulings tailored to VIII. from the supplier, Imerys, and thereafter the individual cases, the panel cleared MASS TORTS bottle, package and label the the judge to exclude evidence regarding body powder. Boston Scientific’s 510(k) clearance. UPDATE Just days later the California trial judge Under Section 510(k) of the Federal Food overseeing the Ecchevarria case issued Drug and Cosmetic Act, manufacturers post trial rulings reversing the $417 must give the U.S. Food and Drug Admin- An Update On The Johnson & Johnson Talc million verdict on grounds that it was istration (FDA) 90 days’ notice before Litigation excessive, a product of improper rulings bringing a new device to market to see if on her part, and jury misconduct. Suffice it’s “substantially equivalent” to a device A great deal has happened in the Baby it to say, this is highly unusual and we are already on the market. Since 510(k) isn’t a Powder Ovarian Cancer litigation since told that the local lawyer handling the safety regulation, it “does not go to a Johnson and Johnson was hit with a $417 case will appeal this decision. product’s safety and efficacy—the very million verdict in August. Our trial team

JereBeasleyReport.com 13 subjects of the Plaintiffs’ products liabil- FDA required all testosterone replace- tion. Discovery is well underway in the ity claims,” the panel said. ment manufacturers to change their Zofran multidistrict litigation (MDL). The Boston Scientific said in a statement labeling to clarify the approved uses of Plaintiffs’ Steering Committee (PSC) is that it had “reached a confidential settle- these medications. working to review more than 2.3 million ment with three of the Plaintiffs in this The FDA also required new warnings pages of documents that GlaxoSmith- case earlier this year and recently settled about a possible increased risk of heart Kline (GSK) has produced so far, includ- with the fourth Plaintiff. attacks and strokes in patients taking tes- ing documents relating to an investigation The appeal is Eghnayem et al. v. BSX, tosterone. Finally, the FDA mandated by the Department of Justice into GSK’s (case number 16-11818) in the U.S. Court manufacturers of approved testosterone off-label promotion of Zofran for use in of Appeals for the Eleventh Circuit. The products to conduct a well-designed clin- pregnant women. MDL is In re: Boston Scientific Corp. ical trial to more clearly address the ques- In August, U.S. District Judge F. Dennis Pelvic Repair System Products Liability tion of whether an increased risk of heart Saylor granted GSK’s Motion to Dismiss Litigation, (case number 2:12-md-02326) attack or stroke exists among users of lawsuits filed by women in Georgia, in the U.S. District Court for the Southern these drugs. Indiana, Kentucky, Massachusetts, and District of West Virginia. The jury verdict in the Konrad case Oklahoma who alleged that they used a Source: Law360.com included $140,000 in compensatory generic form of Zofran. Judge Saylor rea- damages and $140 million in punitive soned that GSK should not be held damages. Lawyers from Seeger Weiss, responsible for injuries caused by a Levin Papantonio, and Robbins Cloud generic version of its product because the Another Plaintiff’s Verdict In The Second were leads in the Konrad case. Matt law generally recognizes that a manufac- Low T Bellwether Trial Teague and Jessica Taylor, lawyers from turer cannot be held liable for injuries An Illinois federal court jury on Oct. 5 our firm, assisted in this trial. The case is caused by another company’s product. awarded Plaintiff Jeffrey Konrad more Konrad v. AbbVie Inc. (case number However, due to the federal regulatory than $140 million. Mr. Konrad was pre- 1:15-cv-00966). The MDL is In re: Testos- structure of brand and generic drugs, the scribed AndroGel in May 2010 after com- terone Replacement Therapy Products United States Supreme Court ruled in plaining to his primary care physician of Liability Litigation, (case number 1:14- PLIVA, Inc. v. Mensing, 564 U.S. 604 fatigue and low energy after seeing adver- cv-01748) both cases are in the U.S. Dis- (2011), that generic drug manufacturers tisements on television. Two months trict Court for the Northern District of are insulated from liability for injuries later, he suffered a heart attack while Illinois. caused by their products, so long as the using the drug. Mr. Konrad subsequently The win in this case is the second generic drug’s label matches the branded- sued AbbVie, the maker of AndroGel, Plaintiff victory in the multidistrict litiga- drug’s. Combined, these two legal princi- claiming that AbbVie failed to warn the tion (MDL) involving a number of testos- ples leave injured patients without a legal drug was linked to an increased risk of terone treatment manufacturers. The first remedy. Judge Saylor’s ruling affects the adverse cardiovascular effects. The verdict also involved AbbVie, and ended viability of thousands of unfiled cases company also falsely marketed the drug in a $150 million verdict for the Plaintiff around the country. The PSC is working as a treatment for age-related low testos- punitive damages. Jurors there also held to clear a path for the generic cases to terone, when the drug had never been the company liable for aggressive market- move forward. approved for this purpose. ing for unapproved uses. There are currently 422 cases filed in AndroGel and testosterone replace- The MDL dates back to 2014 and names the Zofran MDL, which is pending in the ment products are generally prescribed drug companies such as AbbVie, Besins, U.S. District Court for the District of Mas- for men with low levels of testosterone Eli Lily and GlaxoSmithKline, and sachusetts, under Judge Dennis Saylor. due to injury or disease, a condition includes products AndroGel, Testim and MDL Plaintiffs allege that GSK promoted called hypogonadism. However, AbbVie Axiron, among others. The lawsuits were Zofran for the treatment of nausea and promoted its testosterone gel directly to consolidated in the U.S. District Court for vomiting during pregnancy, when it had men like Mr. Konrad through direct-to- Northern Illinois in Chicago under U.S. never been tested or approved for this consumer advertising by fabricating a District Judge Matthew F. Kennelly. use. Plaintiffs claim that their children condition called “Low T” to treat symp- About 6,000 cases are now pending in were born with congenital heart defects toms such as low libido, weight gain and the MDL, 4,200 of which name AbbVie’s or cleft palate after being exposed to muscle loss. Studies have linked testoster- top selling AndroGel. Zofran in utero. one replacement therapy to an increased Beasley Allen lawyer Matt Teague is Lawyers in the Mass Torts Section at risk of heart attacks, strokes, blood clots handling testosterone replacement Beasley Allen continue to investigate and death, especially in older men. therapy litigation for the firm, and he cases involving children born with a In early 2015, the U.S. Food and Drug serves on the Plaintiffs Steering Commit- heart defect or cleft palate after first tri- Administration (FDA) warned that pre- tee for the MDL. For more information, mester exposure to Zofran. If you would scription testosterone products are only call 800-898-2034 or email Matt.Teague@ like more information about this litiga- approved for men who have low testos- beasleyallen.com. tion, or if your child suffered from a con- terone levels due to certain medical con- Source: Law360 genital heart defect or cleft palate after ditions. The FDA made clear that the prenatal Zofran exposure, contact Roger benefit and safety of these drugs, includ- Smith or Liz Eiland, lawyers in the Section, at 800-898-2034, or by email at ing Androgel, Testim, Axiron, Fortesta, An Update On The Zofran Litigation and Androderm, have not been estab- [email protected] or Liz. lished for the treatment of low testoster- Due to a number of inquires, I will give [email protected]. one levels due to aging, or “Low T.” The an update this month on the Zofran litiga-

14 BeasleyAllen.com IVC Filter Litigation Update against Bayer, Johnson & Johnson and However, Defense witnesses had testi- Janssen Pharmaceuticals—the manufac- fied at trial that (PT) is “dangerous, The first bellwether trial in the Cook turers and sellers of Xarelto. Another useless and meaningless” to use with Medical IVC filter multidistrict litigation 2,000 Xarelto cases are pending in the Xarelto. That is shocking and should not (MDL) is now underway, having started Philadelphia Court of Common Pleas as be tolerated. Andy Birchfield, who heads with jury selection Oct. 23. Elizabeth Hill part of a Pennsylvania state court consoli- up our firm’s Mass Torts Section, believes is the Plaintiff. Prior to back surgery, Ms. dated proceeding. Among other allega- that if jurors had known about Bayer’s Hill was implanted with a Cook Celect tions, the Plaintiffs in these suits claim study, it would have certainly changed inferior vena cava (IVC) filter as a precau- that the manufacturers of Xarelto the outcome of the trial. Andy had tionary measure. However, the filter designed a defective drug by failing to this to say: migrated, perforating her vena cava and include or recommend monitoring tests small intestine. After at least one failed to measure the effect of the drug on an We believe, in both cases, Defen- retrieval attempt, the filter was finally individual patient’s blood. This lack of dants worked zealously at trial to removed two years after it was implanted. monitoring severely limits a doctor’s obscure the facts; that Xarelto is The MDL was established in 2014 and ability to measure a patient’s risk of unnecessarily dangerous to con- now includes 2,650 claims. Ms. Hill and bleeding on the drug or initiate life-sav- sumers and that they knew it and the other MDL Plaintiffs argue that Cook ing measures in a timely manner when tried to hide it. We’re hoping appel- Medical failed to warn them about the bleeding does occur. late justices act on behalf of con- risks of retrievable IVC filters. IVC filters For years, the manufacturers of Xarelto sumers and allow the truth are cage-like devices implanted in the have known that standard laboratory to win out. inferior vena cava—the body’s largest tests, including a test called Neoplastin The next Xarelto federal bellwether vein—and have been in use for decades. PT, can be used to determine the effect of case has been selected, but a trial date The devices are used to catch blood clots Xarelto on patients and help identify has not yet been set. In the Pennsylvania before they reach vital organs such as the those who are at a significantly increased state consolidated proceeding, a trial is heart and lungs. These devices are used risk of bleeding on Xarelto. However, scheduled for November 2017 in the Phil- when blood thinners are not an option. Janssen has informed doctors in the adelphia Court of Common Pleas. A total Retrievable filters are more prone to frac- United States through Xarelto’s product of six Philadelphia cases have been set ture, migrate, or tilt within the body than label and sales representatives that it is for trial in the coming months. Plaintiffs permanent versions. The injuries caused not necessary or even possible to monitor Joseph Boudreaux and Joseph Orr filed by retrievable IVC filters can be life- Xarelto’s effect on a patient’s blood. notices of appeal in their case on Oct. 18 threatening. Meanwhile, Bayer has told doctors in outlining a total of nine court decisions Ms. Hill’s experience is illustrative of Canada and Europe that Xarelto can be dating to April. those risks, including a high risk that the monitored with standard laboratory tests If you need more information on this device will deteriorate and that frag- and has provided instructions on how to litigation contact Joseph VanZandt or mented pieces could travel through the conduct such tests. Sonny Wills, lawyers in our Mass Torts body, puncturing organs and causing Juries in the first three federal bell- Section, at 800-898-2034 or by email at other potentially life-threating injuries. wether trials were tasked with navigating [email protected] or Because of these risks, the devices have complicated medical testimony and scien- [email protected]. been labeled with the name “deadly mis- tific literature. Additionally, jurors had to siles.” In August 2010, the U.S. Food and decipher conflicting statements and posi- Drug Administration (FDA) warned that tions by Defendants, who continue to say retrievable IVC filters should be one thing in court in this country and IX. implanted only for short-term use something entirely different in foreign because of their tendency to deteriorate countries and in peer-reviewed medical BUSINESS and fracture over time. literature. The jury in the most recent LITIGATION For more information about IVC filter federal bellwether trial found that Xarelto litigation, contact Leigh O’Dell, Melissa caused the Plaintiff’s gastrointestinal Prickett, or Liz Eiland, lawyers in our bleed, but it did not hold the Defendants Bridgestone To Pay $29.6 Million To Settle Mass Torts Section, at 800-898-2034 or by liable for failing to instruct the Plaintiff’s Price-Fixing Suit email at Leigh.Odell@beasleyallen, doctors about available laboratory tests to [email protected] or Liz. measure Xarelto’s effects on patients. Bridgestone has agreed to pay $29.6 [email protected]. On the very day that closing arguments million to settle price-fixing claims in Sources: Second Amended Case Management Order were scheduled to begin in the most multidistrict litigation (MDL) contending #19, In re: Cook Medical, Inc., IVC Filters Marketing, recent federal bellwether trial, Bayer that the company colluded with other Sales Practices and Products Liability Litigation, Case released a study that had been conducted companies to rig the market for certain No. 1:14-ml-2570-RLY-TAB (S.D. Ind., filed Aug. 23, 2017). and co-authored by Bayer’s own scien- rubber vehicle components. A proposed tists. The study, published by the Journal settlement was filed in a Michigan federal of Thrombosis and Haemostasis, court last month. Bridgestone Corp. showed that prothrombin time or (PT), becomes the latest company to reach a An Update On The Xarelto Litigation which is a standard lab test, “may be used settlement with a proposed class of end- To date, nearly 19,000 individual law- to assess anticoagulant activity” and is payor Pplaintiffs who had bought vehi- suits have been filed in the Xarelto sensitive to Rivaroxaban (the name of the cles with the anti-vibration rubber parts federal multidistrict litigation (MDL) drug marketed as Xarelto). at issue or purchased them as replace-

JereBeasleyReport.com 15 ment pieces. In addition to the $29.6 Mitsuba will settle claims brought by pro- X. million settlement, Bridgestone says it posed classes of auto dealers and others will provide extensive discovery efforts who indirectly bought windshield wiper EMPLOYMENT AND to help end-payor Plaintiffs thoroughly systems, radiators, starters, automotive FLSA LITIGATION prosecute companies that the Plaintiffs lamps, electric powered steering assem- do not reach a settlement with or compa- blies, fan motors, fuel injection systems, nies whose settlements are not approved. power window motors and windshield St. Joseph’s Nurses Get Initial Approval To aid in discovery under the proposed washer systems. settlement agreement, Bridgestone will The claims against Mitsuba are part of For $42 Million ERISA Settlement do the following: the multidistrict litigation (MDL) in the Nurses with New Jersey’s St. Joseph’s Michigan federal court over an alleged • It will identify all current and former Healthcare System have received prelimi- antitrust conspiracy involving a large nary court approval for a $42 million set- employees that were interviewed in number of auto part manufacturers. any capacity during the U.S. Depart- tlement of claims that the system The claims are specifically part of nine underfunded their pension plan—a deal ment of Justice (DOJ) investigation that lawsuits within the MDL, each addressing underpins the case; that was reached after the U.S. Supreme a different type of part. The windshield Court said church-affiliated entities are • It will identify vehicles that contain the wiper system class would receive the exempt from the Employee Retirement parts and were sold during the time largest portion of the settlement funds, at Income Security Act (ERISA). U.S. District frame at issue; $10.4 million, followed by power Judge John Michael Vasquez gave his windows at $6.1 million, $3 million for initial approval to the settlement, which • It will provide all transactional data starters, $1.2 million each for radiators the nurses say would reduce the plan’s relating to Bridgestone’s sale of the and fan motors, $489,000 for windshield underfunding by half. The judge sched- parts, provide documents not already washers, $435,000 for fuel injectors, uled a final fairness hearing for turned over that were given to the gov- $76,000 for automotive lamps and March 2018. ernment during its investigation; and $53,000 for powered steering. St. Joseph’s nurses proposed the settle- The U.S. Department of Justice (DOJ) ment in August after a Supreme Court • It will make the company’s lawyers has investigated similar antitrust claims available for two additional meetings. ruling extended ERISA’s exemption for and Mitsuba previously pled guilty to alle- religious entities to include church affili- According to the DOJ investigation, the gations that it took part in a conspiracy to ates, negating one of the nurses’ primary period of alleged violations began March suppress and eliminate competition arguments in the case. The nurses told 1, 1996, and runs through the period of between at least January 2000 and Febru- the court in a motion in favor of the set- the investigation. The case is part of an ary 2010. The company agreed to cooper- tlement that St. Joseph’s has already put MDL filed in the aftermath of the DOJ’s ate with the DOJ’s investigation and pay a an amount slightly over the settlement antitrust investigation into price-fixing $135 million criminal fine. Other manu- amount into the plan, and that under the and bid-rigging in the auto parts industry, facturers have settled out of the MDL, settlement, the hospital system will also a probe that was launched in 2011 in con- including Toyo Tire & Rubber Co. Ltd., ensure that all benefits are paid out for at junction with Japanese and European which agreed to pay $11.4 million to least the next seven years. authorities. In June 2016, a Michigan resolve claims pertaining to the antitrust The nurses’ brief states that the pro- federal judge approved a $225 million set- conspiracy. posed settlement “provides certain and tlement for claims against Hitachi Auto- The MDL is In re: Automotive Parts immediate relief to the class, removing motive Systems Ltd. and eight other Antitrust Litigation, (case number 2:12- the inherent uncertainty of litigation and companies. In September 2016, four md-02311). The cases involving Mitsuba improving the retirement security of all more companies reached settlements are In re: Windshield Wiper Systems, plan participants.” This lawsuit is the totaling $44 million. (case number 2:13-cv-00902); In re: consolidation of two proposed class The MDL is In re: Automotive Parts Radiators, (case number 2:13-cv-01002); actions filed in May 2016. The suit on Antitrust Litigation (case number 2:13- In re: Starters, (case number 2:13-cv- behalf of Donna Garbaccio, who worked cv-00803) in the U.S. District Court for 01102); In re: Automotive Lamps, (case at St. Joseph’s Hospital and Medical the Eastern District of Michigan. number 2:13-cv-01202); In re: Electric Center in Paterson, New Jersey, from Powered Steering Assemblies, (case Source: Law360.com 1978 until 1998 claimed that the pension number 2:13-cv-01902); In re: Fan plan was underfunded by more than Motors, (case number 2:13-cv-02102); In $180 million. re: Fuel Injection Systems, (case number The second lawsuit was filed on behalf Mitsuba Will Pay $23 Million To Settle 2:13-cv-02202); In re: Power Window Auto Parts Antitrust Suits of Mary Lynne Barker, who worked for Motors, (case number 2:13-cv-02302); the medical center from 1968 to 2003; and In re: Windshield Washer Systems, Anne Marie Dalio, who worked there Mitsuba Corp. and its U.S. unit have (case number 2:13-cv-02802). All cases agreed to pay $22.8 million to settle from 1984 to 1994; and Dorothy Flar, are in the U.S. District Court for the who worked there from 1990 to 1995. claims that they took part in a massive Eastern District of Michigan. conspiracy to fix prices of a variety of Their lawsuit alleged that the plan was auto parts. A motion seeking preliminary Source: Law360.com underfunded by more than $210 million. approval of a proposed settlement was The named Plaintiffs contended that St. filed last month in a Michigan federal Joseph’s unlawfully denied ERISA protec- court. According to the settlement, tions to participants and beneficiaries of the pension plan by incorrectly claiming

16 BeasleyAllen.com that its plan is exempt under ERISA and as long as the gate was open, the they threatened him with job loss, follow- because it qualifies as a church plan. One machine could not activate. Koch Foods ing through on their threat. Additionally, of the Plaintiffs’ central arguments has had a lock out/tag out policy that called the Defendants then had the worker’s been that a church plan must be estab- for maintenance workers to lock out compensation carrier cut off his medical lished by a church to qualify for the certain machines when doing mainte- benefits. The Defendants thought they exemption. But in a June 5 opinion, the nance. Koch Foods had exceptions to its could intimidate Mr. Battle, but they were U.S. Supreme Court extended ERISA’s reli- lock out/tag out policy that allowed main- wrong. Hopefully, Koch Foods and other gious exemption provision to benefit tenance workers to forgo locking out similarly situated employers will think plans maintained by church affiliates, machinery if they relied on the safety twice about retaliating against injured regardless of whether an actual church gate. Any time the machines were down, employees. established the plan. Koch Foods was not making money. Tes- Regardless of what happens to Ala- The case is Garbaccio v. St. Joseph’s timony from current and former employ- bama’s Workers’ Compensation Statute, Hospital and Medical Center and sub- ees revealed that the exception was the provision prohibiting retaliation sidiaries et al., (case number 2:16-cv- implemented to save downtime. should remain in place for employees like 02740) in the U.S. District Court for the On the occasion in question, Mr. Battle Mr. Battle and an employer like Koch District of New Jersey. entered the gate and left it open to Foods. Larry Golston, Kendall Dunson, Source: Law360.com perform a simple adjustment. The opera- and Leon Hampton handled this case for tor moved the controls causing the equip- Mr. Battle. Montgomery lawyer Tamika ment to activate. Mr. Battle lost portions Miller sent the case to us. She is handling of four fingers on his left hand. While the worker’s compensation case, which XI. exiting the gate and wrapping his injured has been set for a separate bench trial WORKPLACE hand, Mr. Battle noticed a metal pole before Circuit Court Judge Greg Griffin. between the interlock sensors. The day HAZARDS following the incident, Mr. Battle returned to work to complete Workers OSHA Announces Top 10 Most Frequent Compensation documents and was Workplace Safety Violations In 2017 Important Jury Verdict In Battle v. Koch warned not to hire a lawyer if he wanted Foods Case In Montgomery to keep his job. Although employers have a responsibil- Given the extent of his injuries, Mr. ity to provide a safe working environ- Recently, a courageous judge in Jeffer- Battle chose to hire our firm to investi- ment for their employees, very often an son County declared Alabama’s Workers’ gate his potential claim. He returned to investigation into work deaths and Compensation Act unconstitutional. Most work seven days after he sustained his serious injuries reveals safety violations would agree the ruling is significant injury and reported to work at his normal that put workers at risk. given the inadequate benefits provided to time of 5 a.m. He worked on light duty According to the Secretary of Labor, injured workers versus the protections for seven-and-a-half hours before he was Hilda Solis, every year nearly 4 million provided to employers. Though the terminated. Marc McHenry, an investiga- people suffer a workplace injury, from Alabama Workers Compensation Statute tor at Beasley Allen, contacted the which some may never recover. In the is deficient in many areas, it does offer company to set up an inspection of the U.S., an average of 13 people die on the certain protections that are crucial to the machine at 11:07 a.m. that morning. Mr. job every day. Workplace injuries and well-being of injured workers: Battle was terminated within the hour deaths make up a large part of litigation after Koch Foods discovered that the handled by personal injury attorneys. • Retaliation against injured workers pur- employee had hired our firm to represent At a recent meeting of the National suing their legal rights under the him. According to Koch Foods, the Safety Council’s Annual Congress & Statute is prohibited, and employee was terminated for violating Expo, federal safety officials announced • individual co-employees may be held the company’s lock out/tag out policy. the top 10 occupational safety standards responsible for failure to repair or the That was a bogus claim. most often violated by employers in fiscal bypassing of a safety device. Suit was filed alleging claims based on year 2017. wrongful discharge and failing to repair Patrick Kapust, the Deputy Director of Both of these issues were in play in a and/or bypassing a safety device. The Enforcement Programs for the Occupa- recent jury trial verdict in Montgomery case was tried before a jury, which tional Safety and Health Administration County in the case styled Leon Battle v. returned a verdict for Mr. Battle and (OSHA), showed at the meeting that Koch Foods. The verdict in this case, against Koch Foods and its plant manager 2017’s preliminary list of top 10 violations which was handled by our firm, is most for $1.9 million, including more than a closely resembles last year’s, with the top significant. million dollars in punitive damages. five most-frequent violations remain- In April of 2014, Mr. Battle was The verdict was significant because it ing the same. employed as a maintenance worker at held an employer responsible for retaliat- Violations of the general requirements Koch Foods, a chicken processing plant. ing against an injured worker for pursing required of employers to protect their He was tasked with repairing a chicken his constitutional right to hire legal workers from being seriously injured or cage moving machine on the day of the counsel to assist him in pursing his killed by falling have occupied the No. 1 incident. The machine was surrounded claims against culpable Defendants. position on the list since 2011—the by perimeter fencing and the access gate Punitive damages were justified seventh year in a row. Violations of was interlocked, meaning opening the because the Defendants were directly federal fall protection rules come in the gate would kill all power to the machine responsible for Mr. Battle’s injuries and top spot by a wide margin, too, with

JereBeasleyReport.com 17 nearly 1,900 more citations than the [email protected]. Kendall has Dallas automotive executive John Eagle second spot on the list, hazard com- successfully handled a large number of and Todd Tracy, the Plaintiffs’ lawyer, munications. workplace-related cases. released a joint statement, saying: Hazard communication rules govern Sources: National Safety Council and OSHA how employers must communicate infor- Dallas automotive executive John mation about chemicals and other Eagle and vehicle safety lawyer harmful substances on labels and data Todd Tracy agreed to work together sheets so that employees are aware of the XII. today to improve safety standards risks and take the proper precautions. TRANSPORTATION in the nation’s collision repair Kapust said: industry… The damages were awarded to a Dallas couple who One thing I’ve said before in the were critically crushed and burned past on this is, this list doesn’t North Texas Couple Awarded $42 Million In following a high-speed head on col- change too much from year to year. Lawsuit Involving ‘Bad Vehicle Repairs’ lision when the roof of their 2010 These things are readily fixable. I Honda Fit separated in part due to encourage folks to use this list and A North Texas couple has been being repaired with bonding epoxy look at your own workplace. awarded more than $40 million in a instead of welded in accordance lawsuit over what was described as with an Original Equipment Manu- The following are OSHA’s full top-10 “shoddy repair work” that came to light facturer (OEM) bulletin. list of the most frequently cited after a near-fatal car crash that occurred violations: on Dec. 21, 2013. Some observers believe However, this legal battle is not over. 1. Fall Protection—General Require- that the four-year legal battle could also The Seebachans are now named as Plain- ments: 6,072 violations lead to changes in the collision repair tiffs in a lawsuit against State Farm 2. Hazard Communication: 4,176 industry. Matthew Seebachan and his Mutual Automotive Insurance Company. 3. Scaffolding: 3,288 wife Marcia were injured in the crash, It’s claimed in that suit that the insurance 4. Respiratory Protection: 3,097 but survived after being pulled from their company forced the body shop to use the 5. Lockout/Tagout: 2,877 burning car. adhesive rather than welding the roof. 6. Ladders: 2,241 The couple found out after the crash State Farm has denied the allegations 7. Powered Industrial Trucks: 2,162 that the used 2010 Honda Fit, recently against the company. 8. Machine Guarding: 1,933 purchased, had previously received sub- 9. Fall Protection—Training Require- stantial repairs. The repair work was not ments: 1,523 included in a car history report the Congressman Sues Defense Department 10. Electrical—Wiring Methods: 1,405 couple asked for before buying the car. Over V-22 Osprey Documents The repairs had been done at the request National Safety Council President and of the previous owner who took the car Congressman Walter Jones (R-North CEO Deborah A.P. Hersman had this to to John Eagle Collision Center in Dallas Carolina) has been on a mission to clear say about the matter: for the work. the names of two U.S. Marine Corps The OSHA Top 10 is more than just The Seebachans filed a lawsuit accus- (USMC) pilots for more than a decade a list, it is a blueprint for keeping ing the body shop of performing defec- after they were killed when the MV-22 workers safe. When we all work tive, negligent and untested repairs. The Osprey they were test flying crashed. In together to address hazards, we can roof of the car had been replaced with a October, Rep. Jones filed a lawsuit do the best job possible to ensure new roof. However, workers at John demanding the U.S. Department of employees go home safely Eagle used a glue-like adhesive instead of Defense (DOD) hand over all documents each day.” welding the roof down, as is recom- regarding the deadly crash that occurred mended by Honda. The Plaintiffs con- April 8, 2000. The lawsuit followed Since workers’ compensation benefits tended that “shoddy work” led to the fire numerous attempts over the years by the are limited in most every state, it is and the couple being trapped inside Congressman, including a Freedom of extremely important to evaluate these of the car. Information Act request in June, to obtain claims to determine if a third-party claim A Dallas County jury awarded the the documents. exists. What may initially appear to be a Plaintiffs $42 million in damages. Mr. and In April 2000, Lt. Col. John Brow and workers’ compensation claim may actu- Mrs. Seebachans want their court victory Maj. Brooks Gruber were piloting the ally turn out to be a case involving a dan- to send a message to companies in the Osprey on one of its last test flights gerous product or piece of equipment. If repair business. Mrs. Seebachans had before testing of the aircraft was a product causes a serious on-the-job this to say: expected to wrap up later that year. injury or death, a third-party claim can During that same test flight, Lt. Col. Jim sometimes be filed against the designer, Integrity matters. You don’t get to Schafer was co-piloting another Osprey manufacturer, seller and/or the assembler make decision in the best interest of and was trailing the one piloted by Brow of the machinery. your company and prevent custom- and Gruber. He watched in horror as the For more information about potential ers from making an informed deci- Osprey “lost lift, flipped and plummeted products liability third-party claims sion about the safety of themselves to the ground” as the Marine Corps Times related to workplace injuries and deaths, and their family. reported. The fiery crash that followed contact Kendall Dunson, a lawyer in our killed Brow, Gruber and 17 other U.S. firm’s Personal Injury & Products Liabil- Marines aboard. The Arizona Daily Star ity Section, at 800-898-2034 or Kendall. explained that in a press release issued

18 BeasleyAllen.com three months later following the legal mately determined caused one of the Bell Helicopter executives have admit- investigation, the USMC placed blame on deadliest test flights in U.S. military ted knowledge of this defect for more the pilots claiming their “drive to accom- history. That unknown is called “vortex than two decades. The Federal Aviation plish that mission appears to have been ring state.” Administration (FAA) is being urged to the fatal factor.” The Osprey’s design increases its risk investigate the Texas-based company, Immediately, the pilots’ widows, Trish of experiencing the phenomenon—the which is owned by Textron of Provi- Brow and Connie Gruber, began working aircraft loses altitude too quickly and dence, Rhode Island. A complaint will be to clear their husbands’ names and often results in crash landings. The air- filed with the FAA relating to Bell restore their honor. Rep. Jones joined the craft’s air filtration system has also been Helicopter. fight in 2002, probing DOD officials and problematic. It is especially prone to mal- The jurors found Bell Helicopter made speaking publicly, which included giving functioning in dusty environments the aircraft’s component “in a defective several impassioned speeches from the including many areas of the Middle East condition, unreasonably dangerous to the floor of the U.S. House of Representa- and Persian Gulf where U.S. military user,” and that the alleged defect contrib- tives. His persistent requests of the DOD forces have been deployed since 2007 uted significantly to the deadly crash. to reexamine the crash paid off and when the Osprey became operational. The National Transportation Safety nearly 16 years after the crash DOD Just days before Rep. Jones filed the Board (NTSB) investigated the crash, but Deputy Secretary Robert Work publicly FOIA lawsuit, Righting Injustice reported did not determine a definitive cause, announced that the pilots had been incor- that another V-22 Osprey crashed in the saying the Bell Helicopter probably rectly blamed for the crash after Work fourth non-combat related crash since crashed because the pilot became disori- reopened and reviewed the evidence. December—two of the crashes were ented and lost control of the aircraft in While Rep. Jones and the pilots’ fami- fatal. A 2015 Osprey crash off the coast of foggy nighttime conditions. Bell Helicop- lies are pleased that honor has been Hawaii claimed our clients’ son’s life, ter said it would appeal the jury’s deci- restored to the military aviation pioneers’ Michael J. Determan. Unfortunately, this sion, adding that the investigators found names, they still want answers about the poorly designed and dangerous aircraft no design or manufacturing defects with dangerous aircraft. These are answers the remains operational, putting potentially the helicopter or its parts. military so far has refused to give them. more lives as risk. Sources: Insurance Journal and Associated Press The lawsuit specifically names the DOD’s If you need additional information Office of Inspector General, the Navy and about this subject, contact Mike the USMC and comes on the heels of Andrews, a lawyer in our firm’s Personal Sleep Apnea Testing Aims To Improve Truck several recent, high-profile crashes and Injury & Products Liability Section at Driver Safety incidents involving the Osprey, as we 800-898-2034 or Mike.Andrews@beasley- have discussed in previous issues of allen.com. Mike handles aviation litiga- A 2016 Harvard study found truck the Report. tion, including several cases involving drivers with obstructive sleep apnea The V-22 Osprey is the tilt-rotor air- the Osprey. (OSA) that failed to adhere to treatment craft, which takes off like a helicopter Sources: Military Times, Marine Corps Times, Arizona were five times more likely to be involved and by tilting its rotors 90 degrees, it can Daily Star in a preventable crash. Combine that fly like an airplane. It is manufactured by with Federal Motor Carrier Safety Admin- Bell Helicopter and Boeing at plants in istration (FMCSA) statistics stating 28 Texas. The aircraft, also called “The Wid- Families Of Med-Evac Helicopter Crash percent of commercial truck drivers owmaker,” has survived decades of Awarded $21.7 Million suffer from mild to severe sleep apnea, design defects, mechanical problems and and it should be clear that the trucking critics. Even in its infancy during the A Kentucky jury has awarded $21.7 industry has an issue. That’s more than a George H. W. Bush administration, then- million to the families of three people quarter of truck drivers on the road suf- Secretary of Defense Dick Cheney, who were killed in June 2013 when the fering from a serious, potentially life- despite his staunchest efforts, could not Bell Helicopter used for medical evacua- threatening condition that impacts job end the program, the Texas Observer tions they were in crashed in an elemen- performance. reported in an editorial analysis of the tary school parking lot. The plaintiffs This issue doesn’t just affect commer- Osprey, called Texas’ Deadly $16 Billion contended that the Bell Helicopter and its cial truck drivers. In light of deadly com- Boondoggle. parent company Textron were aware of muter train crashes linked to sleep apnea, As Sec. Schafer explained about the defects in its Bell 206L-1 helicopters, but the FMCSA and the Federal Railroad April 2000 crash, there were many chose not to address the problem. The Administration issued a pre-rule notice in unknowns about the aircraft and crash occurred about 750 feet from the March 2016 seeking “data and informa- although it should not have been on the helipad it was supposed to land on, tion concerning the prevalence of moder- fatal test flight, there was immense pres- killing the pilot and the three passengers. ate-to-severe obstructive sleep apnea sure on everyone involved in developing The Plaintiffs claimed that there was a among individuals occupying safety sen- the revolutionary aircraft. He explained critical defect in the helicopter’s main sitive positions in rail and highway trans- that up until the night of the crash, “there rotor blade that caused the tail broom portation” to determine the need for had been so many mechanical flaws that and roof to break off, causing the pilot to “regulatory action to ensure consistency the Marines never even had that many up lose control of the aircraft. Witnesses on in addressing the safety issue presented and running at one time.” Despite the the ground said the Bell helicopter had by transportation workers with safety fact that the team of test pilots included been flying abnormally low and was spin- sensitive duties who are at risk for OSA.” some of the USMC’s best, one of the ning in the moments before it crashed. The proposal was nixed by the Trump unknowns is what investigators ulti- administration in August, but bills were

JereBeasleyReport.com 19 introduced in both the House and Senate wrote a book on truck accident litigation, As more states and local governments at the end of September to advance sleep An Introduction to Truck Accident sue opioid distributors and manufactur- apnea testing rules. These new bills could Claims: A Guide to Getting Started. This ers, law enforcement officials are also force the Department of Transportation book is available to lawyers at no cost. To ramping up their investigation into these (DOT) to require sleep-apnea testing and request a copy or download a digital companies. A coalition of 41 state attor- treatment for truck drivers and railroad copy, visit w w w.ChrisGlover-law.com/ neys general subpoenaed five major engineers. book. You may also contact Chris by opioid manufacturers and three distribu- “Whether on the roads or the rails, the calling the firm at 800-898-2034 or by tors seeking information about how these safety of the traveling public must be our emailing him directly at Chris.Glover@ companies marketed and sold prescrip- highest transportation priority,” Sen. Bob beasleyallen.com. tion opioids. Menendez, ranking member of the Sen- Sources: FMCSA, U.S. Sen. Cory Booker’s office and The investigation now includes manu- ate’s mass transit subcommittee and a co- National Institutes of Health facturers Perdue Pharma, Allergan, sponsor of the Senate bill, said in a Janssen Pharmaceuticals, Teva Pharma- press release: ceutical Industries, and Endo Interna- tional and distributors Cardinal Health, This legislation would address that XIII. McKesson, and AmerisourceBergen. failure and implement this com- OPIOID CONCERNS According to the Drug Channels Institute, monsense public safety policy to the three distributors generated more protect riders, save lives and make than $400 billion in revenue last year and our rails and roadways safer. manage about 90 percent of the country’s More States Sue Opioid Manufacturers Sleep apnea is a disorder that causes national drug distribution. brief breathing interruptions during Louisiana and Washington are the Our firm is actively involved in the sleep. The pauses can last upwards of 10 latest states to sue opioid manufacturers opioid litigation. If you need additional seconds and occur up to 400 times a for the ongoing national epidemic. information relating to this litigation, night. It can severely impact restfulness, According to the U.S. Centers for Disease contact Rhon Jones, head of our Toxic and therefore alertness and performance. Control and Prevention (CDC), opioids Torts Section, at 800-898-2034 or by The FMCSA states on its website: were involved in more than 33,000 email at [email protected]. deaths in 2015. Both lawsuits are similar Rhon and his section are handling this lit- While FMCSA regulations do not to those filed by the other states, which igation for the firm. specifically address sleep apnea, focus on the manufacturers’ alleged Sources: Reuters, CNN and nola.com they do prescribe that a person fraudulent marketing rather than distribu- with a medical history or clinical tors’ failure to report suspicious orders. diagnosis of any condition likely to The following is a brief summary of interfere with their ability to drive these cases. XIV. safely cannot be medically quali- TOXIC EXPOSURE fied to operate a commercial motor Louisiana’s Department of Health vehicle (CMV) in interstate com- sued several opioid manufacturers CONCERNS merce. However, once successfully for false marketing, resulting in a treated, a driver may regain their skyrocketing addiction and overdose ‘medically-qualified-to-drive’ status. rate in the state. The state asserts Exxon to Pay $300 Million To Resolve U.S. claims under a variety of state Pollution Cases An estimated 85 percent of those suf- medical laws, fraud, negligent mis- fering from sleep apnea do not receive a representation, and unjust enrich- Exxon Mobil Corp. has agreed to pay diagnosis, however, and this calls into ment, and is seeking compensation more than $300 million to resolve air pol- question how likely it is a truck driver for the amounts it paid for excessive lution violations tied to eight chemical with OSA would actually receive the care opioid prescriptions, treatment costs plants in Texas and Louisiana. In a sepa- he or she needs to be truly able to incurred as a result of these prescrip- rate action, Denver-based PDC Energy perform the job safely. Even if the drivers tions, other damages, and injunc- Inc. agreed to pay $22.2 million after are receiving treatment and that does tive relief. storage tanks were found to be leaking help prevent fatigue-related accidents, it smog-forming compounds. does not guarantee OSA will not nega- Washington sued only OxyContin The Exxon case involved thousands of tively impact drivers on the job. maker Purdue Pharma for embarking tons of toxic air pollutants such as As with any policy or administration on a deceptive marketing campaign benzene that streamed from 26 industrial change, the safety of the public should convincing doctors and the public flares at five Texas facilities and three in take priority. If more than a quarter of that their drugs are effective for Louisiana, according to a Justice Depart- truck drivers suffer from a disease that treating chronic pain and have a low ment statement. The violations stretched makes the roads we all share more dan- risk of addiction. The state asserts as far back as 2005. Under the settlement, gerous, the issue must be addressed. claims for violations of the state con- Exxon will spend $300 million in new For more information about regulation sumer protection act, public nui- anti-pollution and monitoring gear, pay a surrounding truck accident litigation, sance, and negligence and is seeking $2.5 million fine and spend $1 million to contact Chris Glover, a lawyer in our civil penalties, injunctive relief, plant trees around its Baytown, Atlanta office. Chris, who handles per- damages sustained by the state, and Texas, plant. sonal injury and death claims, recently disgorgement of profits.

20 BeasleyAllen.com In June, the federal government filed a Given the long latency of mesotheli- sulfonic acid (PFOS), and 1,4-dioxane. civil lawsuit alleging that PDC repeatedly oma, for thousands of Americans, None of these chemicals are regulated by violated the Clean Air Act and Colorado the damage has already been the federal government, so the Council air pollution rules by allowing volatile done—the asbestos has been will seek to establish an MCL, which is a organic compounds to escape from more inhaled. Now it is our responsibility drinking water standard set forth in the than 80 groupings, or batteries, of con- to invest in prevention research, state sanitary code that water systems densate storage tanks near Denver. The and to make sure that if they must achieve to be in compliance with EPA alleged that PDC failed to adequately develop mesothelioma, life-saving applicable regulations. design, operate and maintain control treatments and a cure are Many impacted water systems, systems on those tanks, resulting in the waiting for them. however, are not waiting on the govern- leaks and contributing to a smog problem ment to address the problem. Instead, in the area, where ozone levels exceed While asbestos exposure is closely they have filed lawsuits to hold the pol- federal limits. The case was brought at linked to mesothelioma development, it luters accountable. Sources of the con- the request of the EPA and Colorado can also cause scar tissue on the lungs tamination typically include industrial authorities, following state inspections and lung cancer. World Lung Day high- sites operated by corporations such as 3M from 2013 through 2015. PDC owns and lighted some of those other lung-related and DuPont, amongst others, and military operates hundreds of oil and gas produc- diseases associated with environmental bases, airports, and fire stations that used tion facilities in Colorado’s Denver-Jules- and occupational exposures: chronic aqueous film forming foam (AFF) to burg Basin. obstructive pulmonary disease (COPD), combat fuel fires. asthma, pneumonia and tuberculosis. Our firm, along with Roger H. Bedford The FIRS estimates occupational lung of Roger Bedford & Associates, has filed diseases affect more than 50 million Awareness Days Highlight Risk Of lawsuits on behalf of the water systems in people worldwide “and workers continue environmental, Occupational Lung Disease Gadsden and Centre, Alabama. These to breathe in sickening mineral dusts, complaints allege that carpet and textile Two recent awareness days shared a bioaerosols and fumes.” That’s not includ- companies, manufacturers, and chemical common message: “What’s in the air we ing occupational exposures due to suppliers located upstream in Dalton, breathe matters.” Sept. 25 marked the benzene and other toxins that cause Georgia are responsible for contaminat- first World Lung Day, and Sept. 26 Acute Myeloid Leukemia, other types of ing the Coosa River and Weiss Lake. The marked the 13th annual Mesothelioma cancers and other health issues not lawsuits were filed to ensure that these Awareness Day. Both days aimed to bring related to the lungs. entities, not ratepayers in Gadsden and awareness to environmental and occupa- Each person affected by any occupa- Centre, would pay to decontaminate their tional lung diseases. Unfortunately, our tional disease could have been spared; drinking water. lungs carry a heavy burden when it remove the toxins, and the risk is Lawyers in our firm’s Toxic Torts comes to toxic exposure—often carrying removed for millions around the world. Section are investigating other PFC con- the brunt of the issues it causes. A release Lawyers in our firm’s Toxic Torts Section tamination cases. If you have any ques- from the Forum of International Respira- are investigating cases of occupational tions about this subject, contact Rhon tory Societies (FIRS) stated: lung disease related to a number of chem- Jones, Rick Stratton, or Ryan Kral, ical exposures, as well as mesothelioma lawyers in our firm’s Toxic Torts Section, World Lung Day is a rallying point and asbestos exposure. For more informa- at 800-898-2034 or by email at Rhon. for advocacy related to respiratory tion, contact Rhon Jones, who heads up [email protected], Rick.Stratton@ health and air quality. Lung our firm’s Toxic Torts Section, at 800- beasleyallen.com, or Ryan.Kral@beas- disease is the only major chronic 898-2034 or Rhon.Jones@beasley- leyallen.com. disease group that does not yet allen.com. Source: New York Governor’s Office have a World Day. World Days can Sources: MyMeso, Mesothelioma Applied Research be important reminders of things Foundation, Forum of International Respiratory we take for granted—we cannot Societies (FIRS), CHEST: American College of live without breathing, and air Physicians Petrochemical Workers’ Benzene Exposure quality is critical to our health and Risk Likely Higher After Hurricane Harvey well-being. New York Appoints Council To Address PFC As Hurricane Harvey tore through Mesothelioma Awareness Day carried a Contamination Texas in August, the focus was on the similar message but related it specifically more immediate effects. Now that the to the risks surrounding asbestos expo- New York Governor Andrew M. Cuomo waters have subsided and clean-up and sure. Asbestos fibers were once used in a has appointed 12 members to the Drink- rebuilding efforts are underway, the lon- variety of construction and manufactur- ing Water Quality Council, which will ger-term effects have taken center stage. ing processes before its carcinogenic address various emerging water contami- Among the effects is the heightened properties were well known, leading to nation issues and consult with outside risk petroleum industry workers face of both occupational exposure and the sec- experts to complement the expertise of being exposed to the carcinogen ondhand exposure of family members council members. benzene. The occupation is already at a who interacted with clothing and other The Council’s first task will be to estab- high risk of exposure, which is a cause materials from contaminated job sites. lish an enforceable Maximum Contami- for cancers of the blood including Acute The Mesothelioma Applied Research nant Level (MCL) for three priority Myeloid Leukemia, Myelodysplastic Syn- Foundation stated: contaminants found in the state: perfluo- drome, lymphomas and aplastic anemia, rooctanoic acid (PFOA), perfluorooctane- as Beasley Allen had explained.

JereBeasleyReport.com 21 More than a dozen petrochemical Valero’s Houston Plant Underestimated New Complaints Filed in Louisiana State plants reported “damaged storage tanks, Benzene Leak Caused By Hurricane Harvey Court Alleging Benzene Exposure ruptured containment systems and mal- functioning pressure relief valves” In a hurricane-related matter, Valero At least eight new benzene-related because of the natural disaster, according Energy Partners’ Houston refinery suf- complaints have been filed in recent to the Houston Chronicle. The full fered a hurricane-related spill on Aug. 27 months in Louisiana state court with the impact of the damage may not be com- when the roof of a light crude storage Plaintiffs asserting that they developed pletely realized for months. tank became damaged during the storm. illnesses from exposure to benzene, In the meantime, experts are con- Valero initially reported that it had lost including multiple myeloma and non- cerned that recent budget cuts to the seven pounds of benzene to the atmo- Hodgkin’s lymphoma. The suits were Occupational Safety and Health Adminis- sphere as a result of the spill. However, filed in the Louisiana Civil District Court tration’s (OSHA) budget slashed the the company has subsequently reported for the Parish of Orleans. I will give a number of inspectors. This effectively that it “significantly underestimated the brief summary of each case. reduces the available resources necessary amount of [volatile organic chemicals] In a lawsuit filed on Aug. 4, 2017, to inspect companies for worker safety and benzene released in its original Kenneth Glenn Evans, who per- violations. OSHA is a section of the U.S. report to the State of Texas Environmen- formed maritime work for the Defen- Department of Labor, which officially tal Electronic Reporting System.” dants on a number of vessels on halted workplace inspections in Harvey- Environmental advocates have criti- navigable waters, alleged that he affected areas with no indication of when cized Valero’s initial underestimates, came into contact with benzene-con- the inspections will resume. arguing that in the interest of public taining products during his work. As Experts are also concerned that normal safety the plants are supposed to report a result of this exposure, he devel- procedures will be lax during the “emer- the highest potential amounts of emis- oped acute lymphocytic leukemia. gency situation.” Those procedures sions during unusual events and then His complaint specifically states that include measures designed to help adjust figures lower as more information “Plaintiff was exposed to fuel and reduce workers’ benzene exposure. comes in. Underreporting emissions other benzene-containing products Benzene is a sweet-smelling toxic places the public at risk, and indeed, 20 purchased at the Port of Orleans in chemical, and exposure occurs when the residents from a nearby neighborhood Orleans Parish.” The complaint toxin is inhaled or absorbed through the called a city hotline to report gas odors further asserts that “these products, skin or eyes. Petroleum refining and between Aug. 25 and 31. in combination with other benzene- extraction workers are at an increased These calls prompted the city to take containing products, caused risk of exposure because the chemical is air quality readings, and while a test on his ALL.” a byproduct of the oil-refining processes, Aug. 31 did not find anything unusual, a the National Center for Biotechnology measurement on Sept. 2 showed high In another lawsuit filed on Aug. 6, Information explains. levels of benzene, which increased to 325 2017, Plaintiffs Bernie and Ruth Prolonged exposure to benzene can parts per billion by Sept. 4. Russell contended that Bernie Rus- cause Myelodysplastic Syndrome (MDS), According to the Agency for Toxic Sub- sell’s work as an iron bender and which is a group of bone marrow disor- stances and Disease Registry, concentra- welder caused him to come into ders that can progress to Acute Myeloid tions of nearly twice that over a mere contact with diesel and other ben- Leukemia (AML). A person may experi- 15-minute period can cause acute health zene-containing products while he ence AML symptoms gradually and, ini- effects such as dizziness and headaches. fueled 18-wheeler trucks that trans- tially, they may not connect the Though ambient benzene levels in the ported steel. Bernie Russell “would symptoms to AML, but blood tests may atmosphere vary based on the wind, it’s regularly come into contact with reveal a reduced red cell count, some- unclear what levels of exposure resi- benzene through gasoline, and other times with a reduced white cell count dents faced. benzene-containing products when and/or reduced platelet counts. These Other plants also had significant cleaning parts, tools, steel, and his tests, along with bone marrow tests, are benzene emissions during this period. hands with gasoline. The Russells used to diagnose AML. According to the environmental group further allege that as a result of this If you would like more information Environment Texas, companies had esti- exposure, Bernie Russell developed about benzene exposure and benzene- mated in initial reports that there were Multiple Myeloma. related cancers such as AML, you can 5.9 million pounds of emissions because contact John Tomlinson, a lawyer in our of the storm, the bulk of these emissions In an Aug. 19, 2017, complaint, Plain- Toxic Torts Section. He can be reached at being due to shutdown and startup oper- tiffs Charles and Juanita Bartlett 800-898-2034 or by email John.Tomlin- ations. This included upwards of 55,000 alleged that Charles Bartlett “fre- [email protected]. You can also find pounds of benzene and 212,000 pounds quently used a product called Liquid more information at www.benzene- of the carcinogen 1,3-butadiene. Wrench, a solvent and penetrator exposure.com. If you would like more information, made by Radiator Specialty, on his Sources: Houston Chronicle, National Center for you can contact Grant Cofer, a lawyer in bike and on its sprockets and while Biotechnology Information our firm’s Toxic Torts Section. He can be working on cars and buses from reached at 800-898-2034 or by email at 1946-1978.” Charles Bartlett “was [email protected]. employed as a mechanic and used Source: Wall Street Journal Liquid Wrench” in his work at Styrod and Greyhound in Orleans Parish. During all these times, Mr. Bartlett

22 BeasleyAllen.com would frequently come into contact Glyphosate has been linked to the Roundup and developed non-Hodgkin’s with Liquid Wrench, which exposed development non-Hodgkin’s lymphoma lymphoma. John can be reached at 800- him to toxic levels of benzene. The (NHL). Court cases alleging the connec- 898-2034 or John.Tomlinson@beas- Plaintiffs alleged that Charles Bartlett tion unsealed documents showing collu- leyallen.com. developed myelodysplastic syn- sion between Monsanto and Sources: The Guardian and NRDC drome because of exposure to Environmental Protection Agency (EPA) Liquid Wrench. officials to kill a review of the ingredient and evidence the company ghost-wrote Five more benzene-related lawsuits research on the weed killer’s safety that XV. have also been filed in recent weeks: was later attributed to academics. UPDATE ON Bellanger (non-Hodgkin’s lym- The more than 45 lawsuits consoli- phoma), Adams (non-Hodgkin’s lym- dated as part of multidistrict litigation NURSING HOME phoma), Tipado (multiple myeloma), (MDL) in the United States District Court LITIGATION Wilson (multiple myeloma), and for the Northern District of California Kilcrease (Acute Myeloid Leukemia). came after California won its own suit against Monsanto to list glyphosate as a As we have previously stated, benzene Nursing Home Arbitration Rule Leaves human carcinogen and force it to place a is a clear, highly flammable liquid with a Victims In Limbo sweet, gassy smell. It occurs naturally in warning label on the product. petroleum, and it is used as an organic The unsealed court documents caught I am firmly convinced that a clause solvent to make a variety of other chemi- the attention of European Parliament. Its requiring mandatory forced arbitration cals and various plastics. It is also used in environmental and agriculture commit- has no place in a nursing home resident’s the manufacturing of some types of tees organized a public hearing which admission contract with the facility. A rubbers, varnishes, lacquers, lubricants, was held on Oct. 11. The meeting was study commissioned by the American dyes, detergents, drugs and pesticides. labeled as “The Monsanto Papers and Health Care Association, the largest trade Because benzene comes from petroleum, Glyphosate.” Monsanto refused to attend association for the country’s nursing benzene is often found in oil-based the hearing after being summoned, home industry, showed that when paints, various degreasers, thinners, sol- stating that it “could be viewed as the nursing home disputes are settled vents, and fuels—including diesel, gaso- latest attempt by those opposed to through arbitration, they are 35 percent line and kerosene. modern agricultural practices to influ- lower than when residents take their Persons working closely with benzene ence and frustrate the EU scientific and claims before a judge or jury, according or benzene-containing products can be regulatory process to suit their own to the Des Moines Register. It is no put at serious risk because their exposure agenda.” All of this was reported by wonder the industry is fighting to roll can occur at much higher levels and for The Guardian. back a rule announced last year by the longer periods of time. The medical liter- In an unprecedented move, members Centers for Medicare and Medicaid Ser- ature indicates that benzene causes multi- of European Parliament (MEPs) subse- vices (CMS) that would have prohibited ple myeloma, acute myeloid leukemia quently voted to ban Monsanto’s lobbyists federally funded nursing homes from (AML), myelodysplastic syndrome (MDS) from entering. That was the first time demanding residents and their families and other forms of leukemia and MEPs have used new rules to bar parlia- sign arbitration admission agreements, lymphoma. mentary access to those that ignore a relinquishing their Constitutional right to John Tomlinson, a lawyer in our firm’s summons. Both the EPA and the Euro- go to court when abuses occur. Toxic Torts Section, has filed and is cur- pean Commission (EC) are expected to As part of the admitting process, rently investigating other Benzene expo- provide input on glyphosate by the end of nursing homes often exploit a resident or sure cases. If you need more information the year, according to the Natural their caregiver at a time when the need on this matter, contact John at 800-898- Resource Defense Council (NRDC). Due for care is critical and urgent. Forced arbi- 2034 or by email at John.Tomlinson@bea- to public outcry, the EC did not extend its tration agreements are included as part of sleyallen.com. approval of the use of glyphosate for 15 an extensive contract. Most consumers years as is typical but instead extended it Source: Harris Martin Publishing will not realize the arbitration clause for two years until December 2017, when even exists or, if they do, won’t know it must again vote to extend approval. what it is asking them to give up. Others, The EPA is expected to make its deter- faced with stress due to emotional European And American Officials To Decide mination of glyphosate as a carcinogen turmoil as well as limited time and alter- The Fate Of Roundup Chemical Glyphosate by the end of the year as well. The NRDC natives, yield to the pressure of signing states on its website that European Monsanto’s cash cow herbicide away their rights. restrictions on Monsanto “would have a The CMS rule, as we have discussed in Roundup is now making waves both in potentially profound effect upon glypho- the United States and in Europe. Docu- a prior issue of the Report, was part of a sate-related policies here in the U.S., 713-page document that revamped ments brought to light in American court where EPA appears to still be taking its cases have European officials investigat- nursing home care standards, rules and cues from Monsanto.” regulations. The changes are to be imple- ing the truth of Monsanto’s safety claims. As we have stated, John Tomlinson, a This further entangles the company in its mented in three phases and the first lawyer, in our Toxic Torts Section is phase, which included implementing the misdeeds ahead of government decisions actively investigating cases where land- on the safety of glyphosate, the weed kill- ban on arbitration clauses, began last scapers, farmers, groundskeepers or com- November. er’s main ingredient. mercial gardeners used commercial grade

JereBeasleyReport.com 23 The nursing home industry has been rule remains in limbo with the deck The most common type of medication fighting the rule since its inception stacked against some of the most vulnera- error is dose omission, or failing to give including filing a federal lawsuit a month ble consumers in the country. necessary medication to a resident. One before the rule was to take effect. The Sources: Des Moines Register, National Public Radio, study indicates that dose omission American Health Care Association and The LA Times, Consumer Financial Protection Bureau accounts for approximately 44 percent of other groups “filed a lawsuit challenging all medication errors. Other types of the federal government’s authority to tell medication errors include overdose, the industry it can’t block people from Medication Errors Threaten Nursing Home underdose, wrong strength of medica- [doing the same thing].” Residents’ Safety tion, wrong medication given, and failure Earlier this summer, Judge Michael P. of nursing home staff to monitor the resi- Mills, in the Northern District of Missis- Medication errors in nursing homes dent after giving medication. sippi, temporarily blocked the CMS rule, constitute a major problem. In 2016, a Medication errors are most often holding that it could not be enforced licensed practical nurse (LPN) who caused by human influences—human until further evidence was taken. CMS worked at a nursing home located in error, faulty documentation, and poor defended the rule saying that arbitration Alabama pleaded guilty to reckless abuse communication. Human error combined agreements in nursing homes were of a protected person, a class C felony. with chronic understaffing, lack of clearly unfair to residents and their The LPN mistakenly administered a large proper medication training, and lack of family members. dose of narcotic pain medication to a supervision create an environment foster- However, the change in administra- female nursing home resident. The resi- ing an unnecessary abundance of nursing tions in Washington was accompanied by dent was supposed to received cough home medication errors. For years, an about-face from CMS. The agency medicine. Rather than immediately noti- nursing home corporations have known withdrew the rule, acting in favor of fying the nursing home administration of many uncontroverted studies demon- nursing homes as opposed to being con- and medical staff of her mistake, the LPN strating that a higher ratio of licensed cerned for the health and safety of resi- falsified the resident’s treatment records nurses to residents is an effective way to dents. It proposed a much weaker to cover-up the medication error. The res- reduce harm to residents caused by medi- alternative rule that once again allows ident suffered an overdose of the narcotic cation errors. Unfortunately, some nursing homes to make admittance con- and nearly died. Fortunately, the resi- nursing homes ignore these studies and tingent upon signing an arbitration dent’s dire condition was discovered by a choose not to provide adequate nurses agreement. nurse on a later shift who rushed the resi- and staff to properly safeguard their The nursing home industry argues that dent to the hospital; thus, saving her life. residents. arbitration is more effective for all parties This shocking story is an extreme involved in a dispute. But that is not so, example of a common problem in according to a New York Times commen- nursing homes today. Medication errors Beasley Allen Has Made Protecting tary by Richard Cordray, who heads the are a type of preventable nursing home Nursing Home Victims A Priority Consumer Financial Protection negligence that occurs with alarming fre- Bureau (CFPB). quency. In fact, medication errors are Lawyers in our firm are fighting very The CFPB is a government agency among the most common health-threat- hard to protect the safety of nursing created after the 2008 financial crises to ening mistakes that affect nursing home home residents across the country. Our protect consumers. The agency has resident care. One study estimated that lawyers represent the actual victims or studied mandatory arbitration and 800,000 medication errors occur each the families of those residents who have recently created a rule blocking compa- year in nursing homes and other long- suffered death or serious injury because nies from denying consumers the option term care facilities. The National Coordi- of nursing home abuse and neglect. Chris to go to court when they are treated nating Council for Medication Error Boutwell is our lead lawyer for the firm’s unfairly. The research indicates “that Reporting and Prevention defines medi- Nursing Home Litigation Team. If you group lawsuits help consumers recover cation errors as “any preventable event have suffered serious injury, your loved money they otherwise would forfeit” that may cause or lead to inappropriate one had been catastrophically injured or while protecting other consumers “by medication use or patient harm while the died, or you have any questions about halting and deterring harmful behavior.” medication is in the control of a health nursing home abuse and neglect, contact Following CMS’ reversal on the rule, 31 care professional.” Chris at Chris.Boutwell@beasleyallen. U.S. Senators sent a letter to CMS Admin- A U.S. Department of Health and com or by phone at 800-898-2034. istrator Seema Verma voicing their oppo- Human Services, Office of Inspector sition to CMS’ rollback of the rule. Other General study found that 37 percent of lawmakers like Senator Charles Grassley harmful events suffered by nursing home (R-Iowa) believe “[t]he nursing home residents receiving Medicare benefits industry should do a better job of follow- were caused by medication errors. Other ing the law,” but has refused to join the studies have determined that 40 percent efforts to protect nursing home residents’ of nursing home medication errors are safety and Constitutional rights. preventable. Residents taking medica- CMS allowed the public to weigh in on tions in several drug categories—includ- the rule, according to AARP, and more ing antipsychotic agents, anticoagulants, than 1,000 comments were filed. CMS diuretics, and antiepileptic medications— has not indicated when it will issue a were found to be at special risk for pre- final rule, though. In the meantime, the ventable adverse drug events.

24 BeasleyAllen.com XVI. cases—one brought by a group of state average retail price of Align during each dentists, the second by a group of physi- time period. An Update On cians and the last a group of veterinari- The refunds can be claimed via a claim Class Action ans—were all filed in July 2016 and claim form that requires class members to nearly $9 million in total damages. Also provide contact information and identify Litigation excluded are Stericycle customers who their purchase by checking one of three settled a qui tam action for $28.5 million boxes next to images of Align packaging. in 2016 that alleged the company illegally According to the settlement agreement, $295 Million Settlement In Stericycle MDL overcharged government entities. no proof of purchase is required. Gets Initial Approval The case is In re: Stericycle Inc. Steri- The up to $10 million in other benefits Safe Contract Litigation (case number include intellectual property, research An Illinois federal judge has granted 1:13-cv-05795 and MDL number 2455) in and education grants, and/or product preliminary approval to a $295 million the U.S. District Court for the Northern donations to research or education insti- settlement between Stericycle Inc. and a District of Illinois. tutions working to improve digestive nationwide class of customers allegedly Source: Law360.com health. These will benefit the class by hit with hidden and arbitrary price helping people with irritable bowel syn- increases. The settlement agreement drome or who regularly seek help for secures at least $900 for each settling their digestive health, the buyers said. P&G Agrees To Pay Up To $30 Million To class member and ensures the medical If the cash claims are less than $10 End Probiotic False Ad Suit waste disposal company will start million, the company will provide addi- capping future price increases at 6 Procter & Gamble has agreed to pay up tional grants so that the total payment of percent for existing customers and 8 to $30 million to settle a long-running both types of relief reaches $15 million. If percent for future customers within 60 class action lawsuit claiming the the claims exceed $15 million, the days of the initial approval. The company company falsely advertised its probiotic company will contribute grants so that also agreed to incorporate more transpar- supplement Align as “clinically proven” payments of both total a maximum of $25 ent pricing and to submit to three years to promote digestive health. The pro- million, the buyers said. The initial suit of compliance oversight by a retired posed settlement comes after seven years was filed in September 2010 in California federal judge. In granting the initial okay, of litigation and months of negotiations federal court, but Procter & Gamble had U.S. District Judge Milton I. Shadur found with a mediator, involving Align buyers. the suit transferred to Ohio. The buyers the settlement provides ample opportu- The Plaintiffs urged U.S. District Judge have claimed that the company didn’t nity for any objections and addresses Timothy S. Black to preliminarily approve deliver on its claims that Align would every relevant consideration. the settlement. help build and maintain a healthy diges- The multidistrict litigation (MDL) was Under the terms of the agreement, The tive system, restore natural digestive consolidated and assigned to Judge Procter & Gamble Co. will pay up to $15 balance, and protect against digestive Shadur in 2013. The case began when million in cash refunds to people who problems, citing individual studies, Lyndon Veterinary Clinic PLLC of New bought Align, provide $5 million to $10 Procter & Gamble’s own studies and anal- York initially filed suit against the waste million worth of other benefits, and pay yses of clinical studies. company in 2013. The case’s allegations about $5 million for fees and expenses, In June 2014, the Ohio federal court and defined class pertain to the compa- including $4.5 million in attorneys’ fees. certified five single-state classes. Procter ny’s “small-quantity” customers, which Procter & Gamble has also agreed not to & Gamble appealed the decision to the accounted for more than half of the com- make the “clinically proven” claim in the Sixth Circuit, which affirmed the lower pany’s revenue in early 2016. Each class- future without new, reliable supporting court’s ruling. The company then peti- member customer signed a contract clinical data or a change in Align’s tioned the U.S. Supreme Court, but the outlining a fixed fee for the collection formula. petition was denied. and disposal of medical, pharmaceutical The proposed settlement class is made The case is Rikos, et al. v. Procter & or hazardous waste. The Plaintiffs alleged up of anyone who bought Align in the Gamble Co., (case number 1:11-cv-00226) the company freely increased rates some- U.S. or its territories for personal use in the U.S. District Court for the Southern times as much as 18 percent in one year, between March 1, 2009, and June 6, 2016. District of Ohio. violating contract terms that require The buyers told Judge Black that the pro- Source: Law360.com increases be tied to operational changes posal provides substantial benefits to or waste-law compliance. Judge Shadur those people. Each class representative certified the class in February over Steri- could receive up to $2,500. New York Federal Judge Approves $28.5 cycle’s objection that each customer’s Each class member could receive up to Million Settlement To End Cnova contract contained significantly different $49.26 in cash refunds, including $31.76 Shareholder Action terms, finding those differences to be for two purchases of Align between either inconsequential or outliers that March 1, 2009, and Oct. 31, 2009—the A New York federal judge has given would otherwise disqualify the customer time period in which Procter & Gamble preliminary approval to a $28.5 million from class membership. specifically advertised Align’s benefits as settlement resolving claims by Cnova Excluded from the class are three other clinically proven. For purchases made shareholders that company executives class-action suits Judge Shadur sent back after that date, class members can get and directors tanked the e-commerce to Tennessee, reversing an earlier MDL one refund of $17.50, the buyers said, company’s value by hiding inventory panel decision that initially consolidated noting that the prices are half of the issues and overstating net sales. U.S. Dis- them with the Illinois action. Those trict Judge Laura Taylor Swain signed the

JereBeasleyReport.com 25 proposed agreement, filed in September, Toyo To Pay $11.4 Million Settlement To and suppliers in the U.S. and elsewhere, which provides a payout to those who End Auto Parts Price-Fixing Suit from as early as March 1996 through at purchased ordinary shares of Cnova least May 2012. Toyo also agreed to coop- between Nov. 19, 2014, and Feb. 23, 2016. Toyo Tire & Rubber Co. Ltd. will pay erate with the DOJ in its investigation Class members will recover an estimated $11.4 million to settle automobile dealers’ into antitrust violations involving its auto- $1.13 per share, according to the claims in multidistrict litigation (MDL) motive parts. The instant $11.4 million agreement. alleging Toyo colluded with automotive agreement would cover the auto dealers’ William Stevenson, the named Plaintiff, manufacturers, marketers and sellers to claims against Toyo Tire & Rubber Co. alleged in a January 2016 complaint that fix prices for certain rubber parts. Ltd., Toyo Tire North America Manufac- the Netherlands-based company’s Lawyers for the auto dealers and Japanese turing Inc., Toyo Tire North America OE improper accounting practices artificially tire and rubber products company Toyo Sales LLC, and Toyo Automotive Parts inflated Cnova’s value before inventory have filed a motion seeking preliminary (USA) Inc. issues came to light in December 2015 approval from the court on the $11.4 The cases are In re: Anti-Vibrational and sent the stock dropping nearly 20 million settlement. Rubber Parts, (case number 2:13-cv- percent. In April 2016, the case was con- The settlement would cover the 00802), and In re: Automotive Constant solidated with two others, and investors dealers’ antitrust claims related to anti- Velocity Joint Boot Products, (case Michael Schwabe and Jaideep Khanna vibration rubber parts, which are number 2:14-cv-02902), while the MDL is were named lead Plaintiffs. Cnova, a sub- installed in cars’ suspension systems and In re: Automotive Parts Antitrust Litiga- sidiary of Groupe Casino that mainly sells engine mounts to reduce engine and road tion, (case number 2:12-md-02311), all in home appliances and furniture online, vibration, and to automotive constant- the U.S. District Court for the Eastern Dis- raised $146.6 million in its initial public velocity joint boot products, which are trict of Michigan. offering in November 2014 and traded at used to cover the constant-velocity joints Source: Law360.com $7 per share. But in December 2015, the of an automobile to protect them from company issued a statement saying it was contaminants. examining inventory issues in its Brazil- The proposed settlement classes Spectrum License Holder To Pay $9.4 ian distribution centers, according to the involve all auto dealers in the U.S. from Million To End Investor Suit original complaint. March 1, 1996, through Sept. 14, 2017, A month later, the company announced that purchased at least one new automo- Straight Path Communications has that it had overstated its net sales by €30 bile containing anti-vibrational rubber agreed to pay $9.45 million to settle a million ($32.6 million). Cnova also said it parts, or that indirectly purchased one or lawsuit with shareholders who accused would write off about 10 percent of its more anti-vibrational rubber parts as the telecommunications asset holder of inventory, valued at €30 million to €35 replacement parts. improperly acquiring and overstating the million, due to damage or return, and The settlement agreement also involves value of spectrum licenses, which caused that it had €20 million in outstanding all dealers in the U.S. from Jan. 1, 2006, the company’s stock price to drop when accounts payable. Cnova says it believed through Sept. 14, 2017, that purchased at the truth was brought to light. Straight that employee misconduct was to blame least one new automobile containing Path and shareholder class leader Charles for the inventory discrepancies. After automotive constant-velocity joint boot Frischer have asked a New Jersey federal Cnova’s statement, shares in the company products or that indirectly purchased one judge for preliminary approval of the set- closed at $2.42, down 18 percent from or more automotive constant-velocity tlement, which was negotiated back in the close of the previous trading day. joint boot products as replacement parts. March after the company settled for $100 In February 2016, after the initial com- As with some of the other settlements million a Federal Communications Com- plaint was filed, Cnova put out a release reached in the MDL, Toyo’s sales will mission (FCC) investigation over claims announcing that its 2014 annual report remain in the case for calculating the that the company lied about its buildout could not be trusted. The amended com- treble damages claim against any non-set- of wireless infrastructure while applying plaint said: tling Defendants, and shall be part of any for spectrum licenses. joint and several liability claims against The $9.45 million will be deposited As a result of the numerous mate- future Defendants. The U.S. Department rial misstatements in the registra- into a settlement fund in two install- of Justice (DOJ) has been investigating ments, and it will cover administration tion statement, members of the conspiracies in the market for automotive class suffered damages in excess of and litigation costs and attorney’s fees parts since as early as February 2010. The before distribution to the shareholder approximately $120 million as FBI is conducting a federal antitrust inves- Cnova shares declined from $7 to class, which includes anyone who owned tigation into price fixing, bid rigging and Straight Path common stock between $2.28, or $4.62 per share during other anticompetitive conduct in the the class period, an approximately Aug. 1, 2013, and July 22, 2016, according automotive parts industry. to the preliminary approval motion. 67 percent decline from the As a result of the DOJ investigation, IPO price. The shareholder suit was initially filed Toyo had agreed to plead guilty and pay a in November 2015 by Darlan Zacharia, $120 million criminal fine for conspiring The case is In Re: Cnova NV Securities who accused Straight Path, CEO Davidi to suppress and eliminate competition by Litigation, (case number 1:16-cv-00444) Jonas and CFO Jonathan Rand of distort- allocating sales of, to rigging bids for, and in the U.S. District Court for the Southern ing the value of the company’s 39-giga- to fixing prices of automotive parts sold District of New York. hertz (GHz) spectrum holdings and to Toyota Motor Corp., Nissan Motor Source: Law360.com failing to disclose that the spectrum Corp., Fuji Heavy Industries Ltd., and licenses were improperly obtained. The certain of their subsidiaries, affiliates, lawsuit was filed following a pair of

26 BeasleyAllen.com reports in late 2015, one of which ques- highest quality for all of our cus- when tires fail, the consequences can be tioned the commercial viability of tomers. These included the removal drastic. Each year there are nearly 11,000 Straight Path’s spectrum holdings, while of the relevant product tire-related crashes in the U.S. Thousands the other disclosed that the company’s 39 back in 2015. of people are seriously injured and GHz licenses were renewed only after the several hundred people die each year company made fraudulent representa- The proposed agreement will have to from those crashes. Due to the dangers tions to the FCC. be approved by the court. Anyone who posed by failing tires, our lawyers have The company’s shares fell significantly bought Chinese-manufactured laminate recommended that tires be inspected at after each of the reports. The FCC soon flooring sold by the company between every opportunity; once a week isn’t launched an investigation into whether January 2009 and May 2015 will be eligi- too often. the company—when applying for 1,000 ble for cash or vouchers. The multidis- Now there is some amazing new tech- spectrum licenses in the 39 GHz band— trict litigation over the company’s nology on the horizon that offers hope to submitted false claims that it had con- Chinese-manufactured flooring was con- consumers of making the process of mon- structed systems for wireless coverage solidated in June 2015. You will recall itoring their tires much easier and more that in reality were never built. Straight that in March 2015 CBS’ “60 Minutes” reliable. Electrical engineers at Duke Uni- Path this past January agreed to pay a reported that the company’s Chinese- versity have invented an inexpensive $100 million civil fine and return 20 manufactured laminate flooring con- printed sensor that can monitor the tread percent of its 5G licenses to the agency to tained levels of formaldehyde beyond the of car tires in real time, warning drivers end the investigation. The civil penalty standard allowed by the California Air when the rubber meeting the road has can be reduced to $15 million if the Resources Board (CARB). Two years grown dangerously thin. If adopted, the company agrees to sell off its remaining before that, the board told the company device will increase safety, improve licenses and send 20 percent of the pro- that some of its products had failed emis- vehicle performance and reduce fuel con- ceeds to the U.S. Treasury, according to sions testing, including some of the prod- sumption. The group hopes that the tire the January consent decree. In May, ucts eventually resold to the consumers wear sensor will be the first of many that Straight Path announced an acquisition in the litigation. could disrupt the $2 billion tire and by Verizon Communications Inc. that was Lumber Liquidators retained another wheel control sensor market. valued at $3.1 billion. laboratory that confirmed at least some of In collaboration with Fetch Automotive The case is Zacharia v. Straight Path its products’ emissions exceeded CARB Design Group, the Duke researchers have Communications Inc. et al., (case standards. But despite that, the company demonstrated a design using metallic number 2:15-cv-08051), in the U.S. Dis- didn’t change its website. It was reported carbon nanotubes (tiny cylinders of trict Court for the District of New Jersey. that on the same day that CARB notified carbon atoms just one-billionth of a meter Lumber Liquidators of further CARB test Source: Law360.com in diameter) that can track millimeter- results indicating impermissible formal- scale changes in tread depth with 99 dehyde levels (May 7, 2015), Lumber Liq- percent accuracy. With two patents uidators suspended all sales of its pending, the researchers are in the Lumber Liquidators Reaches $36 Million products. process of establishing industry collabo- Settlement In Laminate MDL The case is Leticia Ruiz v. Lumber Liq- rations to bring the technology to a tire uidators Holdings Inc. et al., (case Lumber Liquidators Inc. has reached a near you. “With all of the technology and number 1:15-cv-02745) in the U.S. District sensors that are in today’s cars, it’s kind $36 million settlement with two classes Court for the Eastern District of Virginia. of consumers in Virginia federal court of crazy to think that there’s almost no multidistrict litigation (MDL) over its Source: Law360.com data being gathered from the only part of allegedly defective and hazardous lami- the vehicle that is actually touching the nate flooring. One class had alleged that road,” said Aaron Franklin, associate pro- the durability of the wood was not up to XVII. fessor of electrical and computer engi- snuff, despite marketing statements to neering at Duke. “Our tire tread sensor is the contrary. The other class claimed that THE CONSUMER the perfect marriage between high-end the wood contained levels of formalde- CORNER technology and a simple solution.” hyde beyond the standard allowed. Under In a paper published June 9 in IEEE the agreement, Lumber Liquidators will Sensors Journal, Franklin and his col- pay out $22 million in cash and another leagues flesh out their sensor design. The Amazing New Technology That Could $14 million in store credit. The compa- technology relies on the well-understood Revolutionize How Consumers Monitor The ny’s CEO, Dennis Knowles, told Law360 mechanics of how electric fields interact Tire Wear On Their Cars in an email: with metallic conductors. The core of the sensor is formed by placing two small, The memorandum of understand- Over the years, our firm has sought to electrically conductive electrodes very ing executed with the classes repre- educate consumers on the importance of close to each other. By applying an oscil- sents another important milestone. monitoring the condition of their tires, lating electrical voltage to one and Over the past two and a half years, including detecting and understanding grounding the other, an electric field our new leadership team at Lumber tire wear. Many safety experts will tell forms between the electrodes. While Liquidators has been committed to you that the tires on your vehicle are the most of this electric field passes directly significant internal and external most important safety component on the between the two electrodes, some of the measures to ensure the products we vehicle. Tires help drivers maneuver field arcs between them. When a material offer are safe, compliant and of the safely and avoid accidents. However, is placed on top of the electrodes, it inter-

JereBeasleyReport.com 27 feres with this so-called “fringing field.” ness could be monitored by this technol- safe. A tire might look brand-new and By measuring this interference through ogy in real time.” might not have ever been used, but the electrical response of the grounded However, until this technology hits the research and testing show that when electrode, it is possible to determine the market, we still recommend the follow- tires reach six years, those tires can thickness of the material covering ing tire safety tips to help assure your break down from the inside, de-tread- the sensor. tires are safe. ing upon use and causing fatal acci- While there is a limit to how thick a dents. Don’t wait for a blowout or tread material this setup can detect, it is more • Buy the right tire for your needs. To separation before you decide to replace than enough to encompass the several begin, understand that the safest tires the tires on that older vehicle that you millimeters of tread found in today’s might not always be the most fuel-effi- only take out once in a while. And yes, tires. With evidence of sub-millimeter cient or the longest-lasting—and that spares age, too. resolution, the technology could easily specialty tires out of their element can tell drivers when it’s time to buy a new be dangerous. For instance, the soft, • Take Care of Your Spare. Your vehi- set of tires or give information about summer-performance tires that arrive cle’s spare tire is like insurance. Some- uneven and often dangerous tire wear by on some top-performance models are thing you forget about until it is connecting many sensors in a grid to ill-suited for cold, wet roads. Likewise, needed. However, you need to check cover the width of the tire. Tests also using special winter tires year-round is your spare tire to assure that it is prop- proved that the metal mesh embedded going to cost you some safety (and a lot erly inflated and ready to go when within tires does not disrupt the opera- of tread wear) if you try to use them in needed. Perhaps the most important tion of the new sensors. Franklin said: hot weather. Buying your tires from an thing to check is your spare tire’s age. experienced professional is your best It is very common to operate a vehicle When we pitch this idea to industry bet. However, learning how tires are that is five or six years old. If the spare experts, they say to each other, rated and labeled can help you in is original equipment, then it is ‘Why haven’t we tried that before?’ selecting a tire that is appropriate and expired, dangerous to operate and It seems so obvious once you see it, safe for your vehicle should be removed from your vehicle. but that’s the way it is with most good inventions. • Register your tires. This one’s • Study your tread. While damaged or extremely important, and too often improperly inflated tires that go too While the sensor could be made from a skipped or overlooked. The recall long unchecked can lead to suspen- variety of materials and methods, the system for tires has garnered a lot of sion, steering, or driveline issues, the paper explains how the researchers opti- attention and deserved criticism over opposite can be the case, too, and mized performance by exploring differ- the past several years. The recall serious safety issues with your own ent variables from sensor size and system is extremely ineffective in alert- vehicle can show their first signs structure to substrate and ink materials. ing consumers that their tires are being through your tires. Most states require The best results were obtained by print- recalled for safety issues. The NHTSA your tire tread depth be at least 2/32. ing electrodes made of metallic carbon issues about 20 tire recalls per year, Beyond the standard treadwear checks, nanotubes on a flexible polyimide film. and if you register your tires’ details (to like “the penny test,” look for fraying, Besides providing the best results, the receive e-mail recall notifications), you scalloping, cupping, or any kind of metallic carbon nanotubes are durable are far less likely to miss a crucial uneven wear and take it as a life-saving enough to survive the harsh environment safety issue. warning sign. Signs of tread “issues” inside a tire. can be a good indicator that your tire The sensors can be printed on most • Tire pressure. Check your tire pres- needs to be replaced. anything using an aerosol jet printer— sure often, at least once a month and even on the inside of the tires them- before each long trip. The best time to • New tires on the rear. For whatever selves. While it is not yet certain that check your tire’s pressure is when the reason, sometimes we replace only two direct printing will be the best manufac- tire is “cold,” at least three hours after tires at a time. It is important to under- turing approach, whatever approach is driving. You can find the proper pres- stand that when you purchase only two ultimately used, Franklin said the sensors sure for your vehicle’s tires in the tires, they should be placed on the should cost far less than a penny apiece owner’s manual or on the vehicle’s rear-axle for safety reasons. Your tire once they’re being made in quantity. placard located on the driver’s door- service center should know to do this, Franklin’s group also wants to explore jamb for the car. Do not determine the as tire manufacturers’ have recom- other automotive applications for the proper air pressure for your tire from mended this practice for over a decade. printed sensors, such as keeping tabs on the sidewall of the tire. And, when in However, there are several service the thickness of brake pads or the air doubt, ask a professional. A recent centers that ignore this basic safety pressure within tires. This is consistent national survey revealed that 55 procedure that you need to be familiar with a key trend in the automotive sector percent of consumers did not know the with and demand. toward using embedded nanosensors. But correct tire pressure recommendation or where to find it. Ben Baker, a lawyer in our firm’s Per- the technology isn’t limited to cars. “This sonal Injury & Products Liability Section, setup could be used with just about any- • Tires don’t just wear; they age. We handles tire litigation for the firm. If you thing that isn’t metallic or too thick,” said have written about the dangers of aged need more information relating to tire liti- Franklin. “Right now we’re focusing on tires on numerous occasions. Most tires tires, but really anything you’d rather not age to a point at which you can have have to cut apart to determine its thick- “safe” tread left yet, the tire is no longer

28 BeasleyAllen.com gation, contact Ben at 800-898-2034 or by bility were reliable and readily available, match any other group known to be email at [email protected]. and Apache issued a patch by hacking sites for personal gain. It is still Source: The author of this article reprinted the article March 9, 2017. not clear what the hackers plan to do of Ken Kingery published on June 14, 2017 at http:// The Department of Homeland Securi- with the data. There are multiple steps pratt.duke.edu/news/tread-sensor. ty’s Computer Emergency Readiness you can take to protect your information Team even sent Equifax a notice of the if you are concerned about the breach. need to patch a vulnerability in the com- You can check Equifax’s website to see if Equifax Data Breach Update pany’s software public-facing network. you have been affected by the data Yet by the time the big breach began two breach at www.equifaxsecurity2017.com. Last month, we summarized the latest months later in mid-May, Equifax had Regardless of whether you were information available on the Equifax data apparently still not updated, since its exposed, you can enroll for a year of free breach, which potentially impacted as systems were still vulnerable to that flaw. credit monitoring, but be sure to also per- many as 143 million consumers through- Even though the March access did not sonally monitor your accounts for any out the United States, nearly 700,000 con- lead to the theft of personal data, this unusual activity. You can also contact the sumers in Britain, and 8,000 Canadian early access may have consisted of infor- nationwide credit reporting agencies to consumers. Hackers obtained sensitive mation-gathering missions to find out review your credit reports. You are enti- information, such as birth dates, which areas of the system were vulnera- tled to a free copy of your reports every addresses, driver’s license numbers, and ble to attacks. 12 months. Social Security numbers from millions of The March access also could have been Also consider contacting the credit consumers, and credit card numbers for an effort on the part of the hackers to reporting agencies to place a credit approximately 209,000 U.S. consumers cast a wide net and find websites that had freeze on your reports, which makes it who had purchased credit monitoring not yet been patched after the vulnerabil- more difficult for someone to open a new services from Equifax. Further informa- ity was discovered. Former CEO Richard account in your name, or consider setting tion has since been discovered, which Smith told a U.S. congressional commit- a fraud alert, which requires lenders to potentially increases Equifax’s liability. tee that Equifax failed to fix the problem take additional steps to verify your iden- Initially, Equifax announced that it dis- due to “both human error and technology tity before opening a new account or covered the breach on July 29, and it failures.” Smith has since resigned, and increasing a credit limit. began in May. However, a confidential Equifax’s chief information officer and Lawyers at Beasley Allen are involved memo to Equifax from the company chief security officer have retired. in litigation on behalf of consumers investigating the breach details when the Equifax faced further issues in affected by the Equifax breach. For more hackers gained access to Equifax’s October, when it was discovered that a information about the Equifax data systems indicates that intruders used a third-party vendor Equifax uses to collect breach litigation, contact Dee Miles, head system vulnerability that was discovered website performance data was running of the firm’s Consumer Fraud & Commer- in March 2017 to gain access to the malicious content on an Equifax website. cial Litigation Section, Archie Grubb, Equifax systems in March—not May. Fur- The vendor’s code created pop-up ads Andrew Brashier, or Leslie Pescia, thermore, MSCI, which provides a that could trick visitors into installing lawyers in the Section. You can reach number of indices for tracking and pre- fraudulent Adobe Flash updates and them at 800-898-2034 or by email at Dee. dicting the behavior of the stock market, infect computers with malware during [email protected], Archie.Grubb@ concluded as early as last summer that the time it was running on the site. None- beasleyallen.com, Andrew.Brashier@bea- Equifax was no longer a company on theless, an Equifax spokeswoman states, sleyallen.com or LesliePescia@beasley- which investors could reasonably rely to “Equifax can confirm that its systems allen.com. keep data safe. In November of 2016, were not compromised and that the Sources: CNN, Consumerist, Reuters, Consumer Equifax was removed altogether from reported issue did not affect our con- Reports MSCI’s ESG Leader’s index over concerns sumer online dispute portal.” The about data security. affected website has since been taken While the theft of data took place offline, and the vendor’s code removed Smoke Alarms Save Lives, But The Type Of sometime between May and July, the from the web page. Alarm Matters hackers were moving about in Equifax’s Given the scope of the litigation, it is systems undetected as early as March no surprise that dozens of private class Cooler weather is finally with us and 2017 due to Equifax’s lack of data secu- action lawsuits have already been filed this is the time of year when most home rity. This allowed the hackers to create against Equifax on behalf of consumers fires occur. The National Fire Protection back doors on secret web pages in order and shareholders. Multiple state and local Association (NFPA) reminds us to be pre- to log in from anywhere, even after the governments have filed enforcement pared in the case of a fire. The group’s breached IDs were discovered and actions as well. Additionally, the Federal annual Fire Prevention Week, Oct. 8-14, stopped working. Trade Commission (FTC) has confirmed focused on steps consumers nationwide The issue was in the Apache Struts that it has opened an investigation into can take to prevent fires, and to stay safe framework—code used to develop and the circumstances of the Equifax breach. if one occurs. Installing a residential fire run Java-based apps for web servers. Mul- Criminal investigations are also being alarm is a key step to preparing for a tiple companies, including banks and conducted by the U.S. Department of potential fire. However, as we have previ- other credit reporting agencies, rely on a Justice (DOJ) and the FBI. ously reported, not all alarms are equal, version of Apache Struts to work. This The person or group behind the attack and some of them do not always offer the vulnerability was discovered in early still has not been identified, but we now best protection. March. Means of exploiting this vulnera- know that their methods and tools do not

JereBeasleyReport.com 29 There are two types of alarms, ioniza- Blind Cords Can Pose Strangulation Risk prevent blind cord strangulation, the tion and photoelectric alarms, and there To Young Children WCSC recommends: is a huge difference in the two. As we have previously reported, Ionization It is very important to know that our • Keep cribs, beds, furniture and toys alarms better detect flaming fires, while homes can be filled with hidden dangers away from windows; for young children. Seemingly innocuous photoelectric alarms detect smoldering • Make sure tasseled cords are as short home staples such as television sets, fires more quickly. Because housing as possible; materials are now created with materials bedding and even window cord blinds that produce fewer ions when they are can prove quite dangerous for little ones. • Anchor continuous-loop cords to the burned, it is difficult for the alarms to How are blind cords dangerous? Curious wall or floor; and detect the smaller amounts of ions. Addi- children can accidentally become entan- tionally, alarms are typically placed up gled in them, potentially leading to stran- • Check that all cord stops are properly high, and ion particles are usually too gulation. According to research by the installed and adjusted to large and heavy to rise high enough to be Consumer Product Safety Commission limit movement. (CPSC), an estimated 184 infants and detected. The best and more effective Since cordless blinds are the best young children were strangled by approach is to use both types of alarms, options to prevent tragic accidents, retro- window cords between 1996 and 2012. are recommended by the NFPA. The ions fit instructions and free kits are available About one child dies per month due to a that escape detection by an ionization on the WCSC website. alarm, because they are too cool and window cord accident in the United States. Sources: Righting Injustice, WCSC, CPSC, CNN, and heavy, can be detected by a photoelectric The Washington Post alarm. Photoelectric alarms detect smoke October was designated as Window instead of ions. So, when smoke scatters a Covering Safety Month in hopes of raising light beam in the detector, the awareness of the safety hazards. Each alarm sounds. year the Window Covering Safety Council XVIII. Still, some alarms combine elements (WCSC) and the CPSC partner to remind from both devices. However, two other parents and caregivers that cordless RECALLS UPDATE fire safety organizations—the Interna- window coverings are the best option for tional Association for Fire Fighters and homes with infants and young children. We are again reporting a large number the World Fire Safety Foundation—rec- The tragic results of using other types of of safety-related recalls. We have included ommend the use of photoelectric fire blinds often make headlines. In Decem- some of the more significant recalls that alarms, rather than the ionization fire ber 2016, CNN reported the strangulation were issued in October. If more informa- alarms or combination fire alarms. Manu- death of 3-year-old Elsie Mahe after she tion is needed on any of the recalls, facturers of ionization fire alarms have accidently wrapped a window blind cord readers are encouraged to contact Shanna misled the public with marketing around her neck. She was hospitalized for Malone, the Executive Editor of the schemes that imply the alarms will keep a week in a coma before finally succumb- Report. We would also like to know if we them safe. Reportedly, about 90 percent ing to her injuries. Kim Dulic, public rela- have missed any safety recalls that should of American homes use ionization alarms. tions officer for the CPSC, said in a have been included in this issue. The public must be made aware that statement at the time: these alarms do not actually detect Unconsciousness can happen smoke, and are known to not function within 15 seconds and death within Daimler Recalls More Than 1 Million effectively during a smoldering fire—a two to three minutes. CPSC is Vehicles For Air Bags common form of fire. aware of incidents that have Ionization alarms are identifiable by occurred while others, including Daimler AG is recalling more than a the small amount of radioactive material parents, were in the same room. million Mercedes-Benz vehicles around on the outside, or possibly on the inside, the world due to a potential issue with air of the detector. Consumers can view Elsie was one of four American chil- bags deploying accidentally. This includes more fire prevention and smoke alarm dren who died in a six-week period nearly 500,000 vehicles in the U.S. The tips on the NFPA’s website at nfpa.org. around the holidays last year due to recall is not related to the Takata air bag For more information on fire and smoke window blind cord accidents. issue, but is instead linked to faulty alarms, you can contact LaBarron Boone, Although the risks of corded blinds are wiring in the steering column that can a lawyer in our firm’s Personal Injury & well documented, no government regula- cause static electricity to build up and set Product Liability Section, at 800-898- tions ban their manufacturing. However, off a driver’s side front air bag uninten- 2034 or by email at LaBarron.Boone@Bea- some retailers, including Ikea and Target, tionally, according to reports. In addition sleyAllen.com. LaBarron has handled a according to The Washington Post, only to the 495,000 affected cars in the U.S., number of house fire cases and is sell cordless blinds. Lowe’s, Home Depot the recall covers 400,000 vehicles in extremely knowledgeable in this area. He and Walmart have pledged to remove Great Britain, 76,000 in Canada and will be glad to talk with you. corded blinds from their inventory by several hundred thousand in Germany. At Source: National Fire Protection Association next year, the news source reports. Pull press time there wasn’t a full tally of the cords, looped bead chains, nylon cords, affected cars available. the inner cords of Roman shades and The automaker has also said that there lifting loops of roll-up shades all could have been a few instances where drivers potentially pose a safety risk. To help were bruised or suffered minor abra- sions, according to reports. No fatalities

30 BeasleyAllen.com linked to the air bags have been reported. August 2016. In September 2016, Ford ries from customers. The company has The recall includes certain 2012-2018 A, said it was taking a $640 million charge also set up a hotline for customers to call B, C and E-Class models and CLA, GLA for its expanded side-door latch recalls. at 855-463-4666. and GLC vehicles. The fix for the affected cars reportedly includes replacing a clock spring in the steering column. This Half-Million Child Car Seats Recalled For Polaris Recalls ACE 325 Recreational Off- spring, if broken, combined with wiring Safety Risk Highway Vehicles Due To Fire And Burn components that aren’t sufficiently Hazards grounded, could cause an electrostatic Child safety seat maker Diono is recall- discharge that could deploy the air bag, ing just over 500,000 children’s car seats Polaris Industries Inc., of Medina, Min- according to reports. If the clock spring because they might not fully protect chil- nesota, has recalled about 6,300 Polaris is broken, the driver air bag warning light dren in a car accident, according to docu- ACE 325 recreational off-highway vehi- will show, as well as a red air bag ments posted by the U.S. National cles (ROVs). The exhaust header pipe can warning light, according to reports. Highway Traffic Safety Administration crack and release hot exhaust gases into (NHTSA). The recall covers about 519,000 the engine compartment, posing fire and convertible child restraint and boosters burn hazards. This recall involves all Ford To Recall 1.34 Million Trucks In made made by the Sumner, Washington- model year 2014 through 2016 Polaris North America For Door Latch Fix based company between November 2013 ACE 325 recreational off-highway vehi- and September 2017, according to the cles (ROVs). The recalled ROVs have a Ford Motor Co. is recalling 1.34 million NHTSA recall report. Children weighing single seat and were sold in white, green 2015-17 Ford F-150 and 2017 Ford Super more than 65 pounds using a lap belt and and red. For model year 2014 and 2015 Duty trucks in North America to add no top tether could be at a higher risk of ATVs, “Polaris” is printed on the front water shields to side door latches at a cost chest injury in an accident, according to grill and “Ace” is printed on the rear of $267 million. The automaker said the the report. “Radian child restraints have a panel. For model year 2016 ATVs, safety recall is due to a frozen door latch long history of excellent performance in “Polaris” is printed on the front grill and or a bent or kinked actuation cable in the the field with no reported injuries or “Polaris Ace” is printed on the rear panel. affected vehicles that may result in a door deaths associated with these use modes,” Polaris has received six reports of not opening or closing. the NHTSA report said. “Diono believes cracked exhaust pipes, including two A Ford spokeswoman, Elizabeth relatively few occupants will be har- reports of seat damage due to melting. No Weigandt, said customers would be noti- nessed over 65 pounds.” The problem fires or injuries have been reported. fied but she did not have a timetable for was discovered by company testing Polaris dealers nationwide from Decem- when parts will be available. Dealers will during the summer and while the exact ber 2014 through July 2017 for about install water shields over the door latches cause of the defect is unknown, it’s most $7,500. Consumers should immediately and inspect and repair door latch cables likely due to a factory move with the sub- stop using the recalled ROVs and contact if needed. Ford has now recalled more sequent new plastic injection molds, Polaris to schedule a free repair. Polaris is than 5 million vehicles for varying door according to the NHTSA report. The contacting all known purchasers directly. latch-related issues since 2016, but the recall covers the Radian R100, Radian Contact Polaris at 800-765-2747 from 7 company said the issue in the new recall R120, Radian RXT, Olympia, Pacifica and a.m. to 7 p.m. CT Monday through Friday is different from prior ones. The company Rainier convertible and booster model or online at www.polaris.com and click in November 2016 sent a bulletin to car seats. “We are committed to improv- on “Off Road Safety Recalls” for more dealers that warned some 2015-2017 Ford ing safety for babies and young children information. In addition, check your F-150 trucks could have inoperative traveling in cars,” Diono said in a safety vehicle identification number (VIN) on latches during freezing temperatures. notice on its website. “As a result of our the Product Safety Recalls page to see if The bulletin told dealers to install a rain rigorous quality control, and ongoing your vehicle is included in any recalls. shield to address the problem. The product testing, we have established that Pictures available here: https://www. company initially alerted dealers in 2015 if our convertible child safety seat is cpsc.gov/Recalls/2018/Polaris-Recalls- about the issue. installed forward-facing in vehicles with ACE-325-Recreational-Off-High- The company said it was not aware of a lap-belt (type 1) only without top way-Vehicles any accidents or injuries associated with tether, it crosses into a technical non- the issue but said because of the fault, the compliance.” door may appear closed, increasing the Affected customers will be given a free Outlet Converters Recalled By Ningbo risk of the door opening while driving. kit with updated instruction manuals, an Litesun Electric With Home Depot Due To Ford has previously disclosed plans to “energy absorbing pad” for use in harness Shock And Fire Hazards spend $935 million on other recalls mode and a new chest clip starting Nov. announced since August 2016. In March, 22, according to the recall notice. The About 42,000 Outlet converters have Ford said it would spend $295 million to company has stopped production of the been recalled by Home Depot Product recall 211,000 vehicles in North America affected car seats and will resume pro- Authority LLC, of Atlanta, Georgia. The to replace potentially faulty side door duction with NHTSA’s approval, accord- outlet converters’ front outlet prongs are latches and 230,000 vehicles for under- ing to the notice. Future production will not configured correctly, resulting in hood fire risks. Ford previously recalled include an updated instruction manual reverse polarity when plugs are inserted, nearly 4 million vehicles for door latch and labels, a new seat pad, and a new posing shock and fire hazards. This recall issues in six separate recalls since 2014, chest clip, according to NHTSA. Diono involves commercial electric 15-amp including 2.4 million vehicles recalled in said that it’s received no reports of inju- triplex outlet converters, also known as

JereBeasleyReport.com 31 taps, with model number LA-05 and UPC sumers should immediately stop using Target Recalls Leather Pouf Ottoman Due 818897010121. The white plastic convert- the recalled dishwashers and contact BSH To Suffocation And Choking Hazards ers convert a single electrical outlet into Home Appliances for a free inspection three outlets with an outlet plug on the and repair. Contact BSH Home Appli- Target Corp., of Minneapolis, Minne- left, front and right side of the tap. The ances toll-free at 888-965-5813 from 8 sota, has recalled about 7,500 Room outlet taps measure 1.7 inches tall by 1.3 a.m. to 8 p.m. ET any day or online at the Essentials leather pouf ottomans. The inches wide by 1.69 inches deep. On the brand websites listed below for more zippers on the pouf ottomans can be front facing outlet, neutral and line information. Pictures available here: opened by children who can then suffo- (power socket) sizes are reversed. The https://www.cpsc.gov/Recalls/2018/BSH- cate or choke on the pouf’s polystyrene model number is printed on the mold on Home-Appliances-Expands-Recall-of- beads. This recall includes black, leather the side that the prongs are located and Dishwashers pouf ottomans filled with polystyrene the UPC number is printed on a sticker beads. They measure about 22 3/16 on the top of the converter along with inches long by 22 3/16 inches wide by 17 11/16 inches high. ‘Room Essentials’ and the UL listing. The company has received Cost Plus World Market Recalls Girona model number 249-19-1286 are printed one report of a consumer who was Outdoor Dining Chairs Due To Fall Hazard shocked while using an outlet converter. on a white tag which is sewn into the The converters were sold exclusively at Cost Plus Management Services Inc., of seam of the product. The model number Home Depot stores nationwide and Alameda, California, has recalled about can also be found on the sales receipt. online at www.HomeDepot.com from 2,600 Girona outdoor dining chairs. The The ottomans were sold at Target February 2017 through July 2017 for seat base can separate from the chair stores nationwide and online from June about $5. Consumers should immediately back causing the chair to collapse, posing 2017 through August 2017 for about $35. stop using the recalled outlet converters a fall hazard to consumers. This recall Consumers should immediately stop and contact Home Depot for a full involves Girona outdoor wooden dining using the recalled pouf ottoman, place it refund. Contact Home Depot toll-free at chairs with four legs, and a back and seat out of reach of children and return it to 877-527-0313 from 8 a.m. to 7 p.m. ET made of flat woven weather-resistant any Target store for a full refund. Contact Monday through Friday and 9 a.m. to 6 wicker straps. The chair is sold in two Target at 800-440-0680 from 7 a.m. to 8 p.m. ET Saturday or online at www. colors: white (SKU/UPC 536034/ p.m. CT or online at www.target.com and homedepot.com and click on “Product 0000002536034) and grey (SKU/UPC click on “Recalls” at the bottom of the Recalls” located under customer service 536033/0000002536033). The SKU and page, then “Furniture” for more informa- for more information. Pictures available UPC can be found on the UPC ticket tion, or the “Product Recalls” tab on here: https://www.cpsc.gov/ attached to the underside of the chair www.Facebook.com/Target. Pictures Recalls/2018/Outlet-Converters-Recalled- seat. The company has received three available here: https://www.cpsc.gov/ by-Ningbo-Litesun-Electric-with- reports of separation of the tenon joint Recalls/2018/Target-Recalls-Leather- Home-Depot located between the chair’s back and Pouf-Ottoman seat, and two reports of in-store display chairs collapsing while being used by BSH Home Appliances Expands Recall of customers. These two customers Herman Miller Recalls Fiberglass Rocking Dishwashers Due to Fire Hazard reported receiving minor cuts Chairs Due To Fall Hazard and bruises. BSH Home Appliances Corporation, of The chairs were sold exclusively at Herman Miller, Inc., Zeeland, Michi- Irvine, California, has recalled about Cost Plus World Market and World Market gan, has recalled about 1,600 Eames 408,000 Bosch, Gaggenau, Jenn-Air and stores nationwide and online at www. fiberglass rockers. The rocker’s base can Thermador brand dishwashers. The dish- worldmarket.com from January 2017 separate from the seat, posing a fall washer power cord can overheat and through August 2017 for about $180. Con- hazard. This recall involves Herman Mill- catch fire. This recall expansion involves sumers should immediately stop using er’s Eames-branded molded fiberglass Bosch, Gaggenau, Jenn-Air and Therma- the recalled chairs and return them to armchair rockers with model numbers dor brand dishwashers sold in stainless any Cost Plus World Market or World beginning with RFAR. The rockers were steel, black, white and custom panel. The Market store for a full refund. Contact sold in multiple shell colors and frame model and serial numbers are printed Cost Plus toll-free at 877-967-5362 from 7 finishes, and with or without upholstery. inside the dishwasher either on the top of a.m. to midnight ET daily, or online at The upholstered rockers measure about the dishwasher inner door panel or on www.worldmarket.com and click on 25.25 by 25.5 by 27 inches and the non- the side of the dishwasher panel. BSH “Product Recalls” for more information. upholstered about 25 by 25.5 by 27 Home Appliances has received five Pictures available here: https://www. inches. Recalled rockers were manufac- reports of the power cords overheating cpsc.gov/Recalls/2018/Cost-Plus-World- tured from May 1, 2013 through Sept. 8, and causing fires resulting in property Market-Recalls-Girona-Outdoor- 2017. The manufacture date in MM/DD/ damage. No injuries have been reported. Dining-Chairs YYYY format and the model number are The dishwasher were sold at appliance printed on a label located on the under- and specialty retailers, department stores, side of the seat. The Herman Miller, the authorized builder distributors, and home Eames Office and the Eames signature improvement stores nationwide and logos are molded into the underside of online from January 2013 through May the seat. Herman Miller has received nine 2015 for between $850 and $2,600. Con- reports of consumers falling, including

32 BeasleyAllen.com six resulting in injuries that included for a refund of the purchase price. Con- recall involves Playtex plates and bowls bumps and cuts. sumers who purchased the product from for children. The plates have various The rockers were sold at Herman a Military Exchange should return the printed designs including cars, construc- Miller, Design Within Reach and Herman product to a Military Exchange for a tion scenes, giraffes, princesses, superhe- Miller’s authorized retailers and dealers refund of the purchase price. Contact roes and more. The white polypropylene nationwide and online at http://store.her- Macy’s toll-free at 888-257-5949 from 10 plates and bowls also have a colored rim manmiller.com and www.dwr.com from a.m. to 10 p.m. ET seven days a week or on top and a non-slip bottom. Playtex is May 2013 through September 2017 for online at www.macys.com and click on written on the bottom of the plates and about $650 (non-upholstered) and $890 Product Recalls at the bottom of the page bowls. The plates and bowls were sold (upholstered). Consumers should imme- for more information. Pictures available separately and together as sets. A Meal- diately stop using the recalled rockers here: https://www.cpsc.gov/ time set is comprised of a plate, a bowl, and contact Herman Miller to return the Recalls/2018/Macys-Recalls-Martha-Stew- two utensils and a cup. Playtex has product free of cost for a full refund. art-Whiteware-Cake-Knife-and-Server-Sets received 372 reports of the clear plastic Contact Herman Miller online at www. layer over the graphics bubbling or hermanmiller.com and click on Recall peeling. The company has received 11 Information at the bottom of the page, Toys “R” Us Recalls Infant Wiggle Balls reports of pieces of the detached clear email at [email protected] Due To Choking Hazard plastic found in children’s mouths, or toll-free at 866-866-3124 from 9 a.m. to including four reports of choking on a 5 p.m. ET Monday through Friday for Toys “R” Us Inc., of Wayne, New Jersey, piece of the clear plastic layer. more information. Pictures available has recalled about 29,700 Bruin infant The plates and bowls were sold at here: https://www.cpsc.gov/ wiggle ball toys. The wiggle ball’s rubber Babies“R”Us, Target, Walmart, and other Recalls/2018/Herman-Miller-Recalls- knobs and plastic back can detach, stores nationwide and online at Amazon. Fiberglass-Rocking-Chairs posing a choking hazard to infants. This com from October 2009 through August recall involves Bruin Infant Wiggle Ball 2017 for about $2.50 for a single plate or toys also called a giggle ball. The blue ball bowl and $15 for a Mealtime set. Consum- Macy’s Recalls Martha Stewart Whiteware has textured bumps for gripping and has ers should immediately stop using the Cake Knife and Server Sets Due to orange, green and yellow rubber knobs recalled plates and bowls and take them Laceration Hazard around the ball. The ball wiggles, vibrates away from young children. Consumers and plays three different musical tunes. It should contact Playtex for a full refund. Macy’s Merchandising Group, Inc., of has an on/off switch and requires 3 AA Contact Playtex toll-free at 888-220-2075 New York, has recalled about 18,900 batteries to operate. The recalled wiggle from 8 a.m. to 6 p.m. ET Monday through Martha Stewart Collection® Whiteware balls have model number 5F6342E and Friday or online at www.playtexprod- cake knife and server sets. The handles Toys “R” Us printed on the product. The ucts.com and click on “Recall” for more on the knife and server can break during company has received six reports of information. Pictures available here: use, posing a laceration hazard. This rubber knobs breaking off, including four https://www.cpsc.gov/Recalls/2018/Play- recall involves Macy’s Martha Stewart reports of pieces of the product found in tex-Recalls-Childrens-Plates-and-Bowls Collection® Whiteware cake knife and children’s mouths. server set. The set includes a knife and a The toys were sold at Babies “R” Us and cake server. Each is about 11 inches long. Toys “R” Us stores nationwide from June Kids Preferred Recalls Wind-Up Musical Both the knife and cake server have a 2016 through January 2017 for about $13. Toys Due To Choking Hazard white, textured ceramic handle. “Martha Consumers should immediately stop Stewart Collection” is embossed on the using the recalled balls, take them away Kids Preferred LLC., of East Windsor, metal where the blades meet the handles. from babies and return them to Babies New Jersey, has recalled about 587,000 UPC 608356963330 and Product ID “R” Us or Toys “R” Us for a full refund. wind-up musical toys in the United States. PRCDCKSRVR are printed on the product Contact Toys “R” Us at 800-869-7787 from There are also about 1,000 that were sold packaging. Macy’s has received four 9 a.m. to 5 p.m. ET Monday through in Canada. The metal post and/or handle reports of the handles on the knife and Friday, or online at www.toysrus.com and of the wind-up mechanism can detach, server breaking, resulting in lacerations, click on Product Recalls for more infor- posing a choking hazard to young chil- including cuts requiring stitches. mation. Pictures available here: https:// dren. This recall involves Carter’s®, Child The sets were sold at Macy’s stores www.cpsc.gov/Recalls/2018/Toys-R-Us- of Mine®, Guess How Much I Love You® nationwide and online, and at Military Recalls-Infant-Wiggle-Balls and Just One You® brands of wind-up Exchanges between January 2014 and musical plush toys. The toys have a metal July 2017 for about $25 at Macy’s and $15 wind-up mechanism that can be turned at Military Exchanges. Consumers should Playtex Recalls Children’s Plates And to play music. They were sold in variety immediately stop using the recalled cake Bowls Due To Choking Hazard of animal characters and colors. The knife and server sets and contact Macy’s model number and batch code are for a full refund. Consumers who pur- About 3.6 million Children’s Playtex printed on the smallest white sewn-in chased the product from a Macy’s store plates and bowls have been recalled by label behind the care label. The company should return the product to a Macy’s Playtex Products, LLC, of Shelton, Con- has received six reports of parts from the store for a refund of the purchase price. necticut. The clear plastic layer over the wind-up handle detaching from the toy. Consumers who purchased the product graphics can peel or bubble from the No injuries have been reported. from www.macys.com should return the surface of the plates and bowls, posing a The toys were sold at Carter’s, Target, product to macys.com or a Macy’s store choking hazard to young children. This Walmart and other stores nationwide and

JereBeasleyReport.com 33 online from January 2016 through August providing counsel to suffering clients is LISA SMITH 2017 for between $11 and $20. Consum- one of an attorney’s primary duties. Evan Lisa Smith, a Staff Assistant in our Mass ers should immediately stop using the also enjoys the competitive side of the Torts Section, began at Beasley Allen as a recalled toys, take them away from young legal field, finding this profession to be temporary worker in April of 2013. Since children and contact Kids Preferred for a one of the few where there is a clear then, Lisa became a full-time employee. free replacement toy. Contact Kids Pre- winner and loser. He finds succeeding for She has helped us with a number of dif- ferred toll-free at 888-968-9268 from 8:30 his clients, particularly those who are ferent litigations, including talcum a.m. to 5 p.m. ET Monday through Friday, incapable of standing up for themselves, powder, Xarelto and transvaginal mesh email at [email protected] or to be very rewarding. cases. Some of her duties include sending online at www.kidspreferred.com and Evan believes Beasley Allen is unique and receiving client paperwork, as well click on “Product Safety” for more infor- in that it stands by its guiding principles as assisting with any special projects in mation. Pictures available here: https:// every day. The firm’s motto of “helping her section. www.cpsc.gov/Recalls/2018/Kids-Pre- those who need it most” sets a strong Since starting with Beasley Allen, Lisa’s ferred-Recalls-Wind-Up-Musical-Toys standard for our lawyers to follow. Evan family size has tripled! Not only did she has found that putting God first, his get married in 2015, but she welcomed Once again there have been a large family second and work third allows him her first child in December of 2016. This number of recalls since the last issue. to work that much harder for his clients. year she says has been filled with laugh- While we weren’t able to include all of He says the young lawyers at the firm, ter, smiles and many firsts for her new them in this issue, we included those of such as himself, have been blessed to family, so she considers them to be her the highest importance and urgency. If work for a firm where the reputation of greatest accomplishment in life. you need more information on any of the hard-working lawyers with high moral Lisa enjoys watching football in the fall recalls listed above, visit our firm’s web character proceeds them. and being outside in the summer. She site at www.BeasleyAllen.com or www. Evan is a very good lawyer who works always enjoys spending time with her RightingInjustice.com/category/recalls. very hard for his clients and he is dedi- family, keeping up with her young son We would also like to know if we have cated to seeing that they receive justice. and also trying to squeeze a book in missed any significant recall that involves We are blessed to have Evan with us. when she has the time to read. a safety issue. If so, please let us know. As Lisa is a good, hard-working employee. indicated at the outset, you can contact LESLIE PESCIA We are fortunate to have her with us. Shanna Malone at Shanna.Malone@beas- Leslie Pescia, a lawyer in our Con- leyallen.com for more recall information sumer Fraud & Commercial Litigation DIXIE CARTER or to supply us with information Section, began her work at Beasley Allen Dixie Carter works as a Legal Secretary on recalls. in May of 2012 as a law clerk. Now a in our firm’s Mass Torts Section. After lawyer in the same section she started in, starting as a temporary worker in the Leslie handles litigation ranging from Toxic Torts section almost three years antitrust issues and whistleblower claims ago, Dixie was first involved with the BP XIX. to various class actions, including the BP oil spill litigation before transferring to FIRM ACTIVITIES Oil Spill litigation. assist in Mass Torts. She is now primarily Her primary motivation to become an responsible for Plaintiff fact sheets and attorney was to make a difference in the images, which requires her to be very Beasley Allen Employee Spotlights lives of those facing serious legal chal- detail-oriented and organized with our lenges. She enjoys how no day is exactly clients’ case information. the same as the one before it, allowing Before joining Beasley Allen, Dixie EVAN ALLEN her to explore new fields and be a better went to school to become a Cosmologist Evan Allen joined the firm full-time in asset to her clients. While the variety day- and worked as a hairdresser prior to 2012 after working for the firm for many to-day keeps her on her toes, it also becoming a mother. She has two daugh- years as a mail clerk, then a runner and makes for an exciting career. ters—Julie, who works as a Dental even later as a law clerk for two summers Beasley Allen stood out to Leslie as a Hygienist; and Patricia, who is in Retail while attending Jones School of Law. young law student because everyone she Management. She is also blessed with six Evan, who is in our Personal Injury & worked for seemed to truly care about grandchildren—five granddaughters and Products Liability Section, had not origi- everything they were doing for their one grandson. nally intended to become a lawyer. Since clients. She also saw first-hand how the When Dixie isn’t with her family, she his father was a lawyer, Evan had it firm went out its way to develop the skills enjoys home decoration, working in her figured it out from a young age that the she would need to be an effective lawyer. yard and hiking in the woods. She and demands of being a lawyer were strenu- Being a lawyer can be an extremely her boyfriend, who is an avid bowyer and ous. However, as he got older, Evan stressful career. Leslie says she has found hunter, also enjoy practicing archery learned how rewarding it could be and the firm to be truly caring toward her as together. naturally gravitated toward it as not only a lawyer, but as a person—some- Dixie is a dedicated employee who his career. thing she says has made all the differ- does very good work. We are fortunate to Evan says one of his favorite aspects of ence to her. have her with the firm. practicing law is counseling clients Leslie is a very good, dedicated lawyer through difficult times. It is not unusual who works very hard to see that her RENAY ROBERTSON for a client to be going through a great clients receive justice. We are blessed to ReNay Robertson has been employed deal of pain during the legal process and have Leslie with the firm. by Beasley Allen for a total of 18 months. However, she has been a Legal Secretary

34 BeasleyAllen.com for 38 years. After working part-time for a A Number Of New Lawyers Have Joined He then earned his J.D. from Faulkner lawyer while attending college, ReNay Beasley Allen University’s Thomas Goode Jones School decided to pursue a career in the legal of Law three years later, graduating field and despite spending a majority of magna cum laude. her career working for various defense RYAN DUPLECHIN While in law school, Paul was an edito- firms, she opted to make a change and This month we welcomed Ryan Duple- rial board member of the Faulkner Law she says she now loves working for chin to our Mass Torts Section. After Review, President of the Student Bar Beasley Allen as a Legal Secretary in our clerking with the firm for two years, he Association and a Walter J. Knabe Mass Torts Section. now works full time on cases involving Scholar. He also earned the Dean’s ReNay’s responsibilities within our defective pharmaceutical drugs and Award, five Best Paper awards and a place firm vary day-to-day, but she is currently medical devices. He primarily focuses on on the Dean’s Honor Roll each semester. handling summons and complaints on cases involving the link between talcum In addition, he was Regional Champion of each Defendant in Xarelto cases, assisting powder and ovarian cancer. the ABA National Appellate Advocacy with case opens, ordering medical Ryan earned his Bachelor of Science Competition, was Best Brief Finalist and records for talcum powder clients, as degree from Florida State University. He Semi-Finalist at Faulkner’s First-Year Moot well as updating and recording projects graduated in only two-and-a-half years at Court Competition, and was Semi-Finalist in ProLaw and other ProLaw determina- the age of 20. While at Florida State, Ryan of Faulkner’s Greg Allen Mock Trial Com- tions as assigned. ReNay temporarily had was selected to multiple national aca- petition. Paul also assisted with the Pro the privilege of working with Beasley demic honor organizations and was a Se Litigation Assistance Program. Allen lawyers Andy Birchfield and Leigh member of Kappa Alpha Order. Paul said he wanted to become a O’Dell when their secretary and friend of He received his Juris Doctor with lawyer because growing up he saw 20 years, Genie Pruett, became ill and Honors from Faulkner University’s lawyers being influential leaders in the went on to be with the Lord. Thomas Goode Jones School of Law. community who helped people face hard- ReNay and her husband Rick, a recently During law school, Ryan served as associ- ships. “Being a lawyer presents me with retired assistant art director for Auburn ate editor of the Faulkner Law Review the ability to serve my community, to University-Montgomery, celebrated their and was elected twice as president of the help others and to learn constantly,” 34th anniversary together this year. Rick Alabama Young Lawyers Student Divi- he added. serves as the worship minister at Bell sion. He also served as senator-at-large in Before joining Beasley Allen full time, Lane Baptist Church in Clanton, Alabama, the Student Bar Association. As a member Paul interned with Justice Tommy Bryan where they both sing and worship of the Board of Advocates, Ryan was of the Alabama Supreme Court and together with their church family. The selected to the Capitol City National Trial clerked with the firm’s Consumer Fraud couple has raised two grown sons—both Team and competed in Washington, D.C. & Commercial Litigation Section. He said of whom are graduates of Auburn Univer- Ryan says he pursued law as a career his time as a law clerk helped him decide sity and are musicians. because the opportunity “to learn, grow, our firm was the right fit. Paul says that Their younger son, Stephen, is an and help good people is limitless.” He is a after he joined the firm, he quickly real- analyst at Hyundai’s Mobis facility in member of the Alabama State Bar, ized that our firm’s policies “encourage Montgomery and also leads worship at a Alabama State Bar’s Young Lawyers lawyers and staff to work hard for clients church plant in downtown Montgom- Section and the Alabama Association for and to prioritize our faith and family.” ery—Two Cities. Their older son, Jeff, and Justice. He is also a member of the Ameri- A native of Montgomery, Paul attends his wife Amanda live in Huntsville, can Association for Justice, the American First Baptist Church. He enjoys watching Alabama, where Jeff teaches junior high Bar Association’s Mass Torts Litigation and attending Troy University and Univer- and high school at Providence Christian Committee and the American Inns of sity of Alabama football games as well as School. Jeff also coaches the school’s bas- Court, Hugh Maddox Chapter. spending time with his fiancée, family ketball team. ReNay says she and her Ryan was born in Birmingham, and friends. husband have also been blessed with Alabama, while his father was in law grandchildren—a 3-year-old grandson school. He grew up in Niceville, Florida, LASHERYL DOTCH and a 15-month-old granddaughter, and and enjoys spending time with his family LaSheryl Dotch joined Beasley Allen she says that another blessing is and friends, playing golf and visiting the Law Firm as a law clerk in August 2016. on the way! beaches of the Florida panhandle. She was hired this month as Of Counsel In her spare time, ReNay enjoys church in the firm’s Mass Torts Section handling PAUL EVANS Invokana litigation. She is a member of activities, singing, playing with her Paul Evans joined Beasley Allen as Of grandchildren, spending time with her the Alabama Lawyers Association, the Counsel in our Consumer Fraud & Com- Alabama State Bar Young Lawyers Section family and friends, watching Marvel mercial Litigation Section in October. He movies and working on cross- and the Alabama State Bar Women’s handles class actions, antitrust issues, Section. She is also a member of the word puzzles. whistleblower claims and Medicaid fraud ReNay is another dedicated employee Montgomery County Bar Association. litigation. LaSheryl received her Bachelor of Arts who works hard and does good work. We Paul is a member of the Alabama State are blessed to have ReNay with us. in Public Administration from Auburn Bar, the Alabama State Bar Young University in 2011. Immediately following Lawyers Section, the American Associa- her undergraduate career, LaSheryl tion for Justice and the Hugh Maddox interned on Capitol Hill with former Rep- American Inn of Court. He graduated resentative Jo Bonner of Alabama District summa cum laude with a B.S. in politi- 1, piquing her interest in a legal career. cal science from Troy University in 2014.

JereBeasleyReport.com 35 She ultimately decided on becoming a an ADR Certificate. In 2017, Chris wrote important cases against major corpora- lawyer to “be the voice for those who are an article concerning the arbitrability of tions, and the ability to deliver with so unable to speak or represent themselves.” qui tam cases filed under the False much on the line.” LaSheryl received her Juris Doctor Claims Act published in the Faulkner Tyner, a member of the Alabama State from Faulkner University’s Thomas Law Review: Christopher D. Baldwin, Bar’s Young Lawyers Section, also clerked Goode Jones School of Law in 2015. She Arbitration Disarms the U.S. Government at Melton, Epsy & Williams; the Joe also received her Master of Laws (LL.M.) of its Greatest Weapon in the War Against Hubbard Law Firm; and Farris, Riley & degree in Trial Advocacy and Alternative Fraud: The False Claims Act, 8.2 Faulkner Pitt while earning his law degree. Tyner Dispute Resolution from Jones the L. Rev. 349 (2017). and his wife were married five months same year. Chris says he became a lawyer after he ago and live in Montgomery. While in law school, LaSheryl was the felt God leading him toward attending 2013 recipient of the summer internship law school and is now learning the “why” with the Alabama Lawyers Association along the way. He says: “The more I National Night Out Provides Opportunity to and a BARBRI Bar Review student sales develop as a lawyer the more I under- Teach Tire Safety representative. She also clerked for Stone, stand why God has directed me to this Granade & Crosby P.C., the Alabama profession.” For the third year Beasley Allen has Attorney General’s Office in the Criminal Growing up in Roanoke, Alabama, participated in the Prattville Police Trials Division, Judge Calvin L. Williams, Chris now lives in Montgomery, Alabama, Department National Night Out event Justice Lyn Stuart of the Alabama serves as the youth pastor at the Oaks held in Prattville, Alabama. Apreill Harts- Supreme Court, Judge Truman M. Hobbs Church in Auburn, Alabama, and enjoys field and Elizabeth Williams from our Jr. and Judge Greg Griffin, before joining cycling, hiking, podcasting, drinking firm passed out water and candy to the Beasley Allen’s Toxic Torts Section as a good coffee and writing. Chris is also a children as they explained the impor- clerk while finishing her studies and professional magician and said turning tance of tire safety, specifically the DOT sitting for the Bar. himself into a lawyer may be the “best (Department of Transportation) numbers In addition, LaSheryl served as the trick” he’s ever performed. found on tires. This number is important chapter advocacy specialist for the Ernes- because it tells you when your tire was tine S. Sapp Chapter of the National Black TYNER HELMS manufactured so that you can track when Law Student Association from 2014 to Tyner Helms has joined our firm it should be taken off the road. 2015 and as an active member of the serving as Of Counsel in the Consumer Several law enforcement agencies from Jones Public Interest Law Foundation Fraud & Commercial Litigation Section, around the River Region were present, each year. She has been an Alabama primarily handling litigation related to along with Crime Stoppers and other area Notary of Public at Large since May 2014. Fiat Chrysler emission cheating software businesses. Well over 2,000 people LaSheryl is a member of New Light Mis- and class action litigation against Voya attended this year’s event. There were sionary Baptist Church and Delta Sigma Financial. activities for the children and food for the Theta Sorority Inc. She enjoys spending Tyner received his accounting degree whole family. A very special thank you time with her family and friends and in 2013 from Auburn University, where goes to Chief Mark Thompson and eating seafood, specifically snow he was a member of Sigma Alpha Epsilon Tammy Wingard of the Prattville Police crab legs. Fraternity. He participated in collegiate Department. They do a tremendous job and charity organizations. He earned his coordinating this important event CHRIS BALDWIN Juris Doctor from the University of each year. Chris Baldwin began working at the Alabama School of Law in 2017. While in There is more information about tire Beasley Allen Law Firm in August 2015 as law school, Tyner served as senior editor safety available on our website at www. a law clerk in our Consumer Fraud & of the Civil Rights and Civil Liberties Law beasleyallen.com/news/tire-blowouts. Commercial Litigation Section. He cur- Review, interned at the Elder Law Legal rently serves as a lawyer in the same Aid Clinic and assisted a professor in section, working on class actions, anti- developing a journal article on the False Mike Andrews Authors New Book On trust issues and whistleblower claims. Claims Act’s application to customs fraud. Aviation Litigation Chris attended Auburn University, Tyner says he became a lawyer for the graduating with his B.A. in 2012. He challenge and the impact it has on peo- Aviation litigation can be extremely earned his J.D. in 2017 from Faulkner Uni- ple’s daily lives. “Lawyers can be movers complex and often involves determining versity’s Thomas Goode Jones School of and shakers in society, and have the the respective liability of manufacturers, Law, where he earned five Best Paper potential to change status quos through maintainers, retrofitters, dispatchers, awards and graduated cum laude. Chris the legal process,” he said. “Lawyers are pilots and others. An aircraft is a complex was a 2015 1L Closing Argument Compe- often in unique positions to help people piece of equipment. It involves complex tition Finalist and a Florida State National resolve problems. They can help restore systems that have to work consistently in Civil Mock Trial Competition Semi-Final- lives, and are often the only thing stand- the right order, every time. ist. During law school, Chris served as ing between an injustice.” In aviation, there is a smaller margin Chairman of the Board of Advocates, Beasley Allen was a good fit for him, for error or product failure than most President of the Christian Legal Society, a Tyner said, due to the way the firm cases involving automobiles or other Dean’s fellow and a member of the approaches its legal mission: “It is a simpler products. In some circumstances, Faulkner Law Review. calling and a passion, which is something the age of the aircraft involved can limit Along with earning his J.D., Chris also I want to be a part of. I believe that is or completely preclude an injured party earned an LL.M in Dispute Resolution and why the firm has the courage to take on from compensation. Our job is to find out

36 BeasleyAllen.com what has happened, how it happened, This award recognizes consistent excel- Counseling Center. The River Region and why it happened—including how the lence by a business in support of the arts Ethics in Business & Public Service product involved in the accident could community. Award is a program of the Samaritan have been designed differently. The award is named after one of the Counseling Center, Inc. in collaboration To help other lawyers better under- founders of the MCBCA, which was with the Schools of Business and Sciences stand and navigate this complex area of established nearly 40 years ago to bring at Auburn University Montgomery. While litigation, Mike Andrews, a lawyer in our together businesses of all sizes with we didn’t win this award, we were firm’s Personal Injury & Products Liabil- artists and arts organizations in our com- honored to have made the final cut. ity Section, has written a new book: Avia- munity. The MABCA is an affiliate of the tion Litigation & Accident Investigation. National Business Committee for the In the book, Mike discusses the complex- Arts, which was established in 1967 by ities of aviation crash investigation and David Rockefeller, who at the time was XXI. litigation. He provides basic instruction president of Chase Manhattan Bank. FAVORITE BIBLE on investigating an accident, preserving MABCA was the very first affiliate evidence, insight into legal issues associ- created in the United States, in 1979, after VERSES ated with aviation claims, and anecdotal Montgomery businessman and philan- instances of military and civilian crashes. thropist Wynton M. “Red” Blount was Willa Carpenter, our firm’s Human Mike joined Beasley Allen Law Firm in awarded a National Business in the Arts Resources Liaison, submitted verses for 1998, working in the Personal Injury & Award. Blount returned to Montgomery this issue. Willa does a tremendous job Products Liability Section. The majority and, along with Bobby Weil, Sr., and for our firm and is loved by all of our of his practice deals with complex Frank Plummer, founded the employees. product liability cases involving serious local MABCA. injury or death. Mike has handled several The MABCA is a membership organiza- Jesus said “You shall love the Lord cases against manufacturers of aircraft, tion made up of both large companies your God with all your heart, with light and heavy trucks, automobiles, and and smaller companies and start-ups. all your soul, and with all your agricultural and construction equipment, There is an annual membership fee based mind.” This is the first command- and he has received several seven- and on the number of employees in a ment. And the second is like it “You eight-figure settlements and verdicts. company. The organization works to put shall love your neighbor as your- Mike says he enjoys highly technical companies interested in supporting the self’. “On these two commandments cases and has a particular passion for arts in touch with artists or programs hang all the Law and the Prophets.” working on behalf of injured children that need sponsorship. Matthew 22:37-40 along with an interest in cases involving Ashley Ledbetter, who has been Execu- traumatic brain injuries. Mike is a Martin- tive Director of MABCA since 2003, Willa says: “how often we hear the dale Hubbell AV Rated attorney. In 2015, explained that the organization provides word ‘love’ being used without fulfilling he was selected as the Beasley Allen benefits for both the donors and the the requirements that Jesus is speaking of Lawyer of the Year for his Section recipients of their support: in these scriptures. Jesus is speaking of because of his work in Product Liability the kind of love that requires obedience litigation. Involvement in the arts promotes to all of His commandments and for us to We hope Mike’s book will help you to creativity and good community citi- love our neighbors as much as we love know what questions to ask as you evalu- zenship in the business community, ourselves. Without His love filling our ate your potential aviation case, and how and the arts creates millions of hearts, this will be impossible; so Romans to get started. The book is available free dollars in economic opportunity. 5:5 gives us His word that will enable us to lawyers in either printed copy or It’s good for the community and to love this way.” good for the soul. downloadable digital format. To request a Now hope does not disappoint, copy or download the book, visit mikean- The MABCA Awards is an annual lun- because the love of God has been drews-law.com/book. cheon that allows artists and arts organi- poured out in our hearts by the zations to thank businesses that have Holy Spirit Who was given to us. shown exceptional support. For more Romans 5:5 XX. information, visit www.MABCA.org. Our firm considers this award to be one of the Willa says she is both challenged and SPECIAL highest honors that any business could encouraged by these scriptures. She says RECOGNITIONS receive. We truly appreciate being she is challenged every day “to walk in selected this year. this love,” as she continues to pray and meditate on His word. Willa says she is encouraged and empowered by the Holy Beasley Allen Honored by MABCA With Spirit who has been poured out in my Beasley Allen Recognized at the River Frank Plummer Memorial Arts Award heart. Willa added: “I pray that many of Region Ethics in Business & Public Service you who may not have taken on this chal- st At the 31 annual Montgomery Area Awards Luncheon lenge, will ask the Holy Spirit to empower Business Committee for the Arts you to live this life of love—the world is Beasley Allen was proud to be selected (MCBCA) Awards event, held Nov. 2, in great need of God’s love.” as one of three finalists for the River Beasley Allen was honored to receive the Angie Taylor, a legal assistant in our Region Ethics in Business & Public Frank Plummer Memorial Arts Award. Mass Torts Section, furnished two verses Service Award, given by the Samaritan

JereBeasleyReport.com 37 this month. Angie says life can be very Revelation 3:20 are etched, remind- enterprises like Fannie Mae? Big Pharma busy (Busy Under Satan’s Yoke). She says: ing us that Jesus stands ready and pays the FDA that approves their drugs; awaits his invitation to enter they hire FDA employees and they lobby For a month God woke me up every our lives. the politicians who oversee the FDA. The morning at 3 a.m. It took me that consumer ultimately must pay for all of long to understand this was the Then Jesus spoke to them again, that. Since that is the case, would we be only time my life quiet enough for saying, “I am the light of the world. better off funding the FDA with tax me to hear my God. Once I was He who follows Me shall not walk dollars only and making all FDA employ- given this revelation I cut my ‘busy’ in darkness, but have the light of ees off limits to be employed by a phar- as much as I could and chose to life.” John 8:12 (NKJV) maceutical company or to lobby at FDA start every morning out with quiet for a period of time after leaving the FDA? time with God. It has been one of Behold, I stand at the door, and knock: if any man hear my voice, I find that most folks believe the FDA the best decisions God has made tests every drug before the drugs are in my life! and open the door, I will come in to him, and will sup with him, and he approved by the agency to be sold to con- “Teacher, which is the greatest com- with me. Revelation 3:20 KJV sumers. Actually, the FDA does not test a mandment in the Law?” Jesus single drug. Instead, the agency depends replied: “Love the Lord your God on the drug companies to test the drugs. with all your heart and with all We have seen lots of abuses in your soul and with all your mind. XXII. that system. This is the first and greatest com- MYTHBUSTER Is the FDA an independent agency mandment. And the second it like looking out for the consumer? I have to it: ‘Love your neighbor as yourself.’ SERIES believe there are FDA employees who All the Law and the Prophets hang hold themselves to a high standard. But on these two commandments.” we should all be concerned that the drug Matthew 22:36-40 Myth: FDA Is A Government Funded industry has come to rely on the FDA and Independent Agency politicians to feather its nest. God changed my entire life with His Sources: How Big Pharma controls the FDA. Crony love. God also used this scripture to The Food and Drug Administration Capitalism in American, Chapter 15 by Hunter Lewis teach me how to love, not just (FDA) has the awesome responsibility of and Misplaced Trust—Drugwatch by Michelle Llamas others, but myself as well. Love regulating the powerful pharmaceutical never ends. 1 Corinthians 13:7-8. industry. Most people believe that the FDA is a government agency that is fully Be still and know that I am God. funded by taxpayers and that it repre- XXIII. Psalm 46:10 sents the gold standard in drug and CLOSING Kesha Nowell, a staff attorney with the medical device approval in the entire OBSERVATIONS firm, also supplied two verses for this world. It’s true that the FDA is a govern- issue, John 8:12 and Rev. 3:20. When sub- ment agency. While taxpayers still mitting her verses, Kesha had this to say: provide about one third of the FDA’s funding, the agency receives most its The Inaugural Gibson Vance Distinguished On our honeymoon, my husband drug-review funding from the pharma- Lecturer Series At Troy University and I were given the opportunity to ceutical industry through “user fees.” So, I had the pleasure of being the first visit England and Scotland. One of who does the FDA serve—U.S. citizens or speaker at Troy University’s Gibson Vance the highlights on the trip was our the huge pharmaceutical companies? Distinguished Lecturer Series last month. tour of St. Paul’s Cathedral in Under the Prescription Drug Use Fee The series aims to provide students inter- London, which has absolutely beau- Act (PDUFA) of 1992, drug companies ested in pursuing a career in the legal tiful architecture and works of art. pay user fees to get drugs approved. Ini- profession the opportunity to hear from William Holman Hunt’s Light of the tially, Congress pass PDUFA to provide a what was said to be some of the field’s World was a sight to behold. The budget to hire more scientists and foremost figures. With my speech, “My painting in the Middlesex Chapel at researchers to deal with the new drug Lifetime in the Court Room,” My goal was St. Paul’s was the third version of application workload because companies to provide students with some insight the painting and was said to the be complained about how long it took to into a career in the legal profession and culmination of the artist’s vision. obtain approval of a new drug. Since the impact lawyers can have on the lives As such, when Hunt signed the 1992, reauthorizations of the act have of individuals and communities. Hope- painting, he dated it “1851-1900,” weakened standards. For example, it fully, I was able to accomplish my goal. which included the working allowed companies to use one trial The series, a part of the College of Arts periods of the first and second ver- instead of two to approve a drug in and Sciences at Troy University, was sions. Light of the World features some cases. endowed thanks to a donation from our Jesus standing in front of door While requiring pharmaceutical com- own Gibson Vance, an alumnus of the while holding a lantern and panies to help finance the agency that University and currently a member of the patiently knocking on the door. regulates them may not be a bad thing, it school’s Board of Directors. “I feel fortu- Words cannot adequately describe raises some serious concerns. Are phar- nate to have the opportunity to give back the beauty and symbolism. On the maceutical companies no longer private to the University that provided me a great frame of the painting, the words of companies, but government-sponsored

38 BeasleyAllen.com education and a wonderful college expe- depends upon our dispositions, and appearance at the concert that also fea- rience,” Gibson told Troy Today. not upon our circumstances. tured Alabama, the famous country music The lecture series is sure to be an asset band, Rock & Roll Hall of Famer “Soul to the university well into the future. “We Martha Washington (1732 - 1802) Man” Sam Moore, gospel legend Yolanda are grateful to Gibson Vance for his vision Adams and Texas musicians Lyle Lovett and leadership as a Trustee and for his The only title in our Democracy and Robert Earl Keen. The appeal backed generosity in establishing this important superior to that of President is the by the ex-presidents has raised $31 lecture series,” Chancellor Dr. Jack title of Citizen. million since it began on Sept. 7. Hawkins Jr. said in Troy Today. “These President Donald Trump offered a lectures will be of great benefit to our Louis Brandeis, 1937 video greeting at the event that avoided students preparing for a career in law, U.S. Supreme Court Justice his past criticism of the former presi- and Jere Beasley, truly one the nation’s dents. He called them “some of America’s best lawyers, is the perfect lecturer to The dictionary is the only place that finest public servants.” President Trump start the series.” I sincerely appreciate Dr. success comes before work. Hard stated: “This wonderful effort reminds us Hawkins remarks and it was a definite work is the price we must pay for that we truly are one nation under God, honor to be chosen as the first speaker success. I think you can accomplish all unified by our values and devotion to for the series. anything if you’re willing to pay one another.“ the price. Four of the five former presidents— Obama, George W. Bush, Carter and Vincent Lombardi Our Monthly Reminders Clinton—made brief remarks that served to unify at a time when unify America is so badly needed. While the elder Bush If my people, who are called by my did not speak, his presence was impor- name, will humble themselves and XXIV. tant. These five presidents appealed for pray and seek my face and turn national unity to help those hurt by the from their wicked ways, then will I PARTING WORDS hurricanes. “The heart of America, hear from heaven and will forgive without regard to race or religion or polit- their sin and will heal their land. ical party, is greater than our problems,” All Five Living Ex-Presidents Put Politics 2 Chron 7:14 said Clinton. Aside And Call For National Unity While the former presidents, joined by President Trump, collectively called for All that is necessary for the triumph The five living former Presidents of the unity relating to the devastation caused of evil is that good men do nothing. United States put aside party politics and by the storms, it was just “plain good” to appeared together for the first time since Edmund Burke see former adversaries join together and 2013 at a concert held last month to raise call for national unity. Even the current money for victims of the devastating hur- president, who thus far had not been very Woe to those who decree unrigh- ricanes in Texas, Florida, Louisiana, strong on the need for unity, joined the teous decrees, Who write misfor- Puerto Rico and the U.S. Virgin Islands. effort. Hopefully the event, and the tune, Which they have prescribed. Democrats Barack Obama, Bill Clinton obvious need for unity, made a lasting To rob the needy of justice, And to and Jimmy Carter, along with Republi- impression on the president. take what is right from the poor of cans George H.W. Bush and George W. My prayer is that this call for unity will My people, That widows may be Bush, gathered in College Station, Texas, continue and be expanded into all of the their prey, And that they may rob home of Texas A&M University, in an areas of concern in the U.S. We are as the fatherless. effort to unite the country after badly divided in our country today as I the storms. Isaiah 10:1-2 have ever seen before. We badly need Texas A&M is home to the presidential “love” to replace “hate” and “unity” to library of the elder Bush. At 93, he has a replace “division” in America. God will I am still determined to be cheerful form of Parkinson’s disease and appeared bless America if we will simply follow the and happy, in whatever situation I in a wheelchair at the event. His wife, instructions given to us by our Heavenly may be; for I have also learned Barbara, and George W. Bush’s wife, Father in Chronicles 7:14. from experience that the greater Laura, were in the audience. Grammy part of our happiness or misery award winner Lady Gaga made a surprise

To view this publication on-line, add or change an address, or contact us about this publication, please visit our Website: BeasleyAllen.com

No representation is made that the quality of legal services to be performed is greater than the quality of legal services performed by other lawyers.

JereBeasleyReport.com 39 218 COMMERCE STREET (36104) POST OFFICE BOX 4160 MONTGOMERY, ALABAMA 36103-4160 TOLL FREE 1 (800) 898-2034 BeasleyAllen.com

RETURN SERVICE REQUESTED

JereJere BeasleyBeasley, has the been founding an advocate member for victims of of Beasleywrongdoing Allen since Law 1962, Firm, practicing has lawpracticed in his lawhometown as an ofadvocate Clayton, for Alabama, victims until of wrong he was- doingelected sinceLieutenant 1962. Governor During hisof thecareer, state heof hasAlabama tried in hundreds 1970, beginning of cases. his termJere's in numerJanuary- ous1971. courtroom During his career,victories he has include tried hundreds landmark of casescases. Jere’sthat numerous have made courtroom a positive victories impact include uponlandmark our cases society. that have His made areas a positive of practice impact includeupon our litigationsociety. His inareas products of practice liability, include insurancelitigation in fraud,products business, liability, insurancenursing homefraud, andbusiness, personal nursing injury. home and personal injury. Jere established a one-lawyer firm that On January 15, 1979, Jere established a one- officially opened on Jan. 15, 1979, and he filedlawyer his firm first in case Montgomery, on behalf ofAlabama, the practice now onknown Jan. as Beasley,17, 1979. Allen, Now, Crow, itMethvin, has been Portis 30 & yearsMiles, P.C..since He he filed began his first with case onthe behalf intent of theof "helpingpractice on those January who 17, 1979.need It it has most." been nearly Today, 40 theyears firm since is heknown began as the Beasley, firm with Allen, the intent Crow, of Methvin,“helping those Portis who & need Miles, it most.” P.C., Beasley still located Allen is instill Montgomery, located in Montgomery Alabama. with Beasley an office Allen in isAtlanta, one Georgia.of the The country's firm is one leading of the country’s firms involvedleading firms in involvedcivil litigation in civil litigation on behalf on behalf of claimants,of claimants, having having represented represented hundreds hundreds ofof thousandsthousands of ofpeople. people. The firm employs more than 250 people in Montgomery, includingBeasley Allen more employs than more70 attorneys. than 250 people in Montgomery, including more than 70 attorneys.

No representation is made that the quality of services to be performed is greater than the quality of legal services performed by other lawyers.