JERE BEASLEY REPORT October 2018 I. the passenger compartment below the escape the passenger compartment. dashboard. There are numerous horror stories about CAPITOL The interior of the passenger compart- people being burned alive by engine fires OBSERVATIONS ment caught fire in less than two minutes. coming into the passenger compartment. Mr. Hough, whose clothes were on fire, This is a needless tragedy. eventually was able to get the seatbelt to Many European-designed cars, since at release and he climbed out of the passen- least the mid-1990s, have double firewalls, Beasley Allen Part Of Team Selected By ger side of the vehicle, but not before he which isolate the engine compartment Georgia Attorney General For Opioid was severely burned. He was transferred from the passenger compartment. These Litigation to the burn unit at the University of designs also isolate the brake reservoir to Our firm was honored to be selected as Alabama at Birmingham, where he suf- help reduce the potential for fires one of the firms to represent the State of fered for four months before dying from post-crash. Georgia in the state’s opioid litigation. We the complications from his burn injuries. While Greg was in the process of appreciate the confidence placed in our Many consumers think that their vehi- writing this article, there was a news firm by Georgia Attorney General Chris cles have firewalls. While some European article of a gentleman in Birmingham who Carr. A news release from the attorney designs do, most U.S. and Asian vehicles was entrapped in his car and burned to general’s office can be found in the opioid do not. The manufacturers cut numerous death from an engine fire before the fire section of this Report. holes through what was once called the department arrived. These fires are very “firewall.” It should be noted that wiring harnesses, cables and HVAC vents pene- IN THIS ISSUE trate the dash panel. Usually the holes are II. filled with some type of flammable mate- I. Capitol Observations...... 2 AUTOMOBILE rial, such as rubber or plastic grommets. II. Automobile News Of Note...... 2 Car manufacturers generally make no NEWS OF NOTE effort to fireproof the barrier or bulkhead III. Purely Political News & Views. . . . .6 between the engine compartment and the passenger compartment. IV. An Update On the Opioid Litgiation. . .7 Automobile Engine Fires Can Prove To Be It should be noted that the auto manu- V. Whistleblower Litigation ...... 9 Deadly facturers refuse to call the barrier between the engine compartment and the VI. Product Liability Update ...... 11 Greg Allen, the senior Products Liabil- passenger compartment a “firewall.” ity lawyer in our firm, recently settled a Instead, they call the barrier a “dash VII. An Update On the Talc Litigation. . . 12 case for a confidential amount with panel” or “bulkhead.” The reason is General Motors involving the death of an because car companies do no testing to VIII. Mass Torts Litigation Update. . . . .14 elderly gentleman, who was severely determine how long this dash panel can IX. An Update On Securities Insurance burned when a fire started in the engine withstand an engine fire before it goes and Finance Litigation...... 16 compartment of his Chevrolet Blazer and into the passenger compartment. quickly spread into the passenger com- There is no Federal Motor Vehicle X. Employment and FLSA Litigation. . . 16 partment. Mr. Lamar Hough was on his Safety Standard that requires engine fires way home when, unbeknownst to him, to be contained for any period of time. It XI. Premises Liability Update...... 17 his Blazer developed an oil leak around an is well known that engine fires are the improperly installed oil filter. most prevalent automotive fires, far more XII. Workplace Hazards...... 18 - The vaporized oil came out under pres prevalent than fuel-fed fires, such as gaso- XIII. Transportation...... 19 sure and sprayed onto the hot exhaust line tank or fuel line rupture. There are manifold. The vehicle started running 500 deaths and 3,000 injuries a year from XIV. Toxic Tort Concerns ...... 19 rough due to the drop in oil pressure. Mr. engine fires getting into the passenger Hough was very close to his driveway compartment; however, car manufactur- XV. Update On Nursing Home Litigation . .21 going up a hill when the Blazer shut off ers generally ignore this hazard. XVI. An Update On Class Action Litigation. .22 and the engine caught fire. The Blazer Many consumers are not aware of the rolled back into the ditch. Mr. Hough was flammability danger of the numerous XVII. Ongoing Litigation At Beasley Allen. . 24 properly wearing his seatbelt. fluids and materials in the engine com- At rest, the Blazer was tilted at an angle partment that will allow the engine to XVIII. The Consumer Corner...... 29 in the ditch. As a result, Mr. Hough had burn. Oil, gasoline, transmission fluid, XIX. Recalls Update...... 31 difficulty trying to unlatch his seatbelt. A windshield wiper fluid, antifreeze, plas- witness, who tried to help release the tics and rubber are all capable of supply- XX. Firm Activities...... 35 seatbelt, testified in deposition about the ing a fuel load to a fire. buildup of heat and smoke inside the Studies show that at least 15 to 20 XXI. Special Recognitions...... 36 Blazer. The witness turned and ran to minutes escape time is needed to allow retrieve a fire extinguisher. The engine time for fire departments to arrive on the XXII. Favorite Bible Verses...... 37 fire grew larger and, due to the lack of a scene. This is especially true for rural XXIII. Closing Observations...... 37 firewall in the Blazer, the fire came into areas. After crashes, the occupants may be disabled or entrapped and cannot XXIV. Parting Words...... 39

2 BeasleyAllen.com prevalent and need to be addressed. rises again. The company said that the GM will not be prosecuted, nor will any However, without government interven- defect can be identified in progress as the of the company’s officials face criminal tion, only lawsuits can encourage manu- dashboard may alert the driver. Other charges. However, it should be noted that facturers to do their job and design electrical systems—such as the radio, officials at GM knew about the defective safer products. dashboard lights, air conditioning or ignition switch for about 10 years before The GM case was handled by Greg cruise control—may also shut down at the the automaker was exposed in the Melton Allen, Stephanie Monplaisir and LaBarron same time. GM is offering reimbursement case. We have written extensively in pre- Boone from Beasley Allen, along with to vehicle owners for repairs to the vious issues about this Georgia case. As Shane Seaborn and Myron Penn of the system. The automaker said it made we have reported, Atlanta lawyer Lance Penn & Seaborn Law Firm with offices in improvements between 2015 and 2017 Cooper was directly responsible for dis- Clayton, Union Springs and Montgomery. model years to address the elec- covering the defect that had been known The amount of the settlement in confiden- trical issue. and hidden by GM for a decade. Lance tial. Greg did a tremendous job of discov- In a statement, NHTSA encouraged brought this to NHTSA’s attention. Had ery in this case and some of the vehicle owners to visit its website to this not happened, there would have been depositions and Defense experts were determine if their vehicles are affected no recall and no multidistrict litigation devastating for the automaker. Greg felt it and to contact a local dealership to sched- (MDL). Lance also brought our firm into very important that the facts of the case ule a free repair if they are. The loss of the Melton case and the rest is history. and information relating to the overall power steering described by customers In the multidistrict litigation, which safety problems involved not be confiden- matched an electrical issue that led to a came about after the Melton case, people tial. If you need more information, recall of 691,000 2014-model Chevrolet made personal injury and wrongful-death contact Greg at 800-898-2034 or by email Silverado 1500 and GMC Sierra 1500 claims against GM. The design defects in at [email protected]. pickup trucks that GM conducted last the GM vehicle models caused the igni- year, and the investigation showed it was tion to slip out of the “on” position, shut- caused by the same issue. ting off the vehicle and preventing airbags GM Recalls 1 Million Vehicles Over Power Source: Law360.com from deploying. Drivers would be unable Steering Defect to control their vehicles and in many cases crashes would occur. More than 100

General Motors has issued a recall of GM Criminal Case Ends After $900 Million deaths were caused by this defect. more than 1 million 2015-model trucks Settlement And Three-Year Oversight GM launched an extensive recall of and SUVs, saying an electrical defect in affected vehicles in 2014. The govern- the vehicles’ power steering can cause The U.S. Department of Justice’s (DOJ) ment is represented by Sarah K. Eddy. The drivers to lose control during low-speed criminal charges that General Motors Co. case is USA v. General Motors Company turns. In a recall report submitted to the committed wire fraud and made false (case number 1:15-cr-00747) in the U.S. National Highway Traffic Safety Adminis- statements related to a deadly problem District Court for the Southern District tration (NHTSA) last month, General with ignition switches were officially dis- of New York. Motors LLC wrote that six models of light missed in New York federal court last Source: Law360.com trucks built between September 2013 and month. This came after three years of October 2015 had a potential defect that oversight following a $900 million settle- can cause the power steering to cut out ment. U.S. District Judge Alison J. Nathan GM Buyers Must Certify Class In Order To during low-speed turns, then turn back agreed to the request of federal prosecu- Advance $1 Billion Settlement on, because of an electrical issue. The tors who said that the car-maker had com- recall encompasses 450,711 Chevrolet Sil- plied with the provisions of a deferred Purchasers of General Motors vehicles verados, 79,505 Suburbans and 145,198 prosecution agreement reached in Sep- manufactured before the carmaker’s 2009 Tahoes; 109,151 GMC Yukons and 186,083 tember 2015, and that the case should bankruptcy, now seeking damages caused Sierras; and 45,270 Cadillac Escalades. therefore be dismissed with prejudice. by the ignition-switch defects, must A representative for GM said the The following is a brief summary of the certify a class to pursue a proposed settle- company is aware of 30 crashes and two settlement. ment that could cost the reorganized New injuries related to the defect, but no fatali- GM $1 billion in new stock. U.S. Bank- ties. According to the recall report, 2 GM agreed to resolve the DOJ’s crimi- ruptcy Judge Martin Glenn made this percent of the 1 million affected vehicles nal probe against it over the 2014 ruling on Sept. 25. The pending settle- (about 20,000 of them) are estimated to ignition switch recall for $900 ment that would allow and estimate have the defect. GM says it first became million. A deferred prosecution claims on behalf of 11.4 million people aware of the defect in the 2015 vehicles agreement filed in September 2015 against the bankruptcy trust for Old GM after receiving an increase in field reports confirmed that settlement, in which cannot be approved without the victims and customer complaints about the steer- the automaker agreed to pay the first certifying classes of car buyers ing. GM opened a safety investiga- amount to resolve the charges. In the whose vehicles lost value after the manu- tion in June. settlement, GM admitted not only facturer admitted in 2014 that millions of According to GM, when the power that it failed to disclose the ignition its old cars may have ignition- steering system experiences low voltage switch defect to regulators in a switch defects. for more than one second, such as during timely manner, but also that it misled This ruling creates another obstacle for a low-speed turn, the electrical power consumers about the safety of the roughly 600 “economic loss” and personal steering system shuts off until voltage affected vehicles. injury victims who for more than a year

JereBeasleyReport.com 3 have tried to settle claims against a trust in the U.S. District Court for the Southern • Ford will provide compensation to con- set up for general unsecured creditors of District of New York. sumers for their losses resulting from GM’s bankrupt predecessor, known as the Source: Law360.com the recall, including the reimbursement “GUC Trust.” The Plaintiffs, who brought of reasonable out-of-pocket expenses or their claims in late 2016, well after the up to a $500 payment for those who did 2009 bankruptcy sale and creation of Ford Gets Initial Approval On $300 Million not document their out-of-pocket “New GM,” had a similar settlement Settlement In Takata MDL expenses. rejected last year after the trust backed • Ford will also provide rental cars for out at the last minute under pres- A Florida federal judge has granted pre- class members while they wait for their sure from GM. liminary approval to a $299.1 million set- recall repairs. The settlement proposal was intended tlement for Ford Motor Co. to resolve to end a lengthy legal battle over claims multidistrict litigation (MDL) over defec- Ford will make a total payment of that GM knowingly sold faulty vehicles tive Takata Corp. air bags. It will also $299.1 million. There will be a 20 percent before, during and after its 2009 bank- hasten the removal of dangerous air bag deduction as a credit for the rental car/ ruptcy. The parties submitted the settle- inflators from 6 million affected vehicles. loaner program. The payment will cover ment agreement to the bankruptcy court U.S. District Judge Federico A. Moreno all attorneys’ fees and costs, service just months after Judge Glenn chastised said the agreement, which mirrors previ- awards to class representatives and costs the GUC Trust and its prior counsel for ous settlements with automakers in the for class notice and settlement administra- backing out of an earlier settlement, case, appeared to meet the necessary tion. The settlement covers vehicle acting in what he describes as “unmistak- requirements. A fairness hearing was set owners’ economic loss claims, but the ably” bad faith. for Dec. 11 to determine final approval. company will remain a Defendant to auto- The new settlement, much like the old Lead class counsel Peter Prieto of Pod- motive recyclers’ claims in the multidis- one, will require the trust to pay out $15 hurst Orseck PA had this to say: trict litigation. The court severed those million and then agree to accept addi- claims and they are not a part of the We are pleased that Judge Moreno tional claims that it has been previously settlement. granted preliminary approval, and contesting. It is estimated this could bring The order identified 27 class represen- that our Ford class members are the total value of unsecured claims tatives and named lawyers from Podhurst one step closer to seeing this settle- against Old GM up to more than $35 Orseck, Boies Schiller Flexner LLP, Power ment become effective. This settle- billion. This would require New GM, Rogers & Smith LLP, Baron & Budd PC, ment, like the ones that preceded it, under a Chapter 11 creditor payout Carella Byrne Cecchi Olstein Brody & will not only provide compensation scheme, to turn over 10 million shares of Agnello PC and Lieff Cabraser Heimann & but will save lives through unique common stock to pay those claimants. Bernstein LLP as settlement class counsel. and ongoing outreach efforts that In his opinion, Judge Glenn observed Ford, which entered into the agreement are designed to have our class that “despite New GM’s intransigence and in July, became the seventh automaker to members and Ford’s customers unwillingness to negotiate,” the carmaker reach a settlement in the MDL. Honda understand the danger of Takata’s is right about the class certification agreed to a $605 million deal last Septem- inflators so that they replace these requirement in this instance since the ber, Nissan settled for $98 million in defective inflators without delay. parties are attempting to bind millions of August 2017 and Toyota, Subaru, Mazda economic loss claimants who have not Ford Mustang owner Dolly L. Wright and BMW agreed to pay a combined appeared in the Chapter 11 case to a set- was the only objector. She asked the court $553.6 million in May 2017. tlement. Thus far only a few hundred to require class counsel to disclose the Four additional automakers—General Plaintiffs have signed on to the effectiveness of the “outreach program” Motors LLC, Fiat Chrysler, Volkswagen agreement. approved in previous settlements to Group of America and Mercedes-Benz Plaintiffs’ lawyer Elizabeth Cabraser of inform and motivate vehicle owners to USA LLC – that were brought into the Lieff Cabraser Heimann & Bernstein LLP come to dealerships to get their Takata air MDL with new suits filed in March are said that she and her clients appreciate bags replaced. The court was assured by still litigating the claims against them. “the thoughtful opinion and guidance of lead counsel that the settlement special Judge Moreno said that he would sched- the bankruptcy court” as the parties administrator has been testing the various ule a hearing on their pending motions to move forward. The Plaintiffs are repre- communications methods being used and dismiss in either late November or sented by Brown Rudnick LLP, Stutzman said they would fully address the issue in December after briefing is complete. Con- Bromberg Esserman & Plifka APC, Hagens a written response before final approval. sumers first filed suit in 2014, alleging the Berman Sobol Shapiro LLP, Lieff Cabraser Under the terms of the settlement, Ford cheap but volatile ammonium nitrate that Heimann & Bernstein LLP, Goodwin will do the following: inflates the bags can misfire. This is true Procter LLP and Hilliard Muñoz Gon- especially in humid conditions, blasting zales LLP. • Ford will inform affected consumers chemicals and metal fragments at passen- The cases are In re: Motors Liquida- about the recall of cars with the defec- gers and drivers. Takata’s air bag inflators tion Co. et al., (case number 1:09-bk- tive air bags using a state-of-the-art out- have been linked to at least 11 deaths in 50026) in the U.S. Bankruptcy Court for reach program that regularly contacts the U.S., and as had been reported the the Southern District of New York, and In class members through direct mail, company has faced massive global recalls. re: General Motors LLC Ignition Switch phone calls, email, internet ads, social Takata has pled guilty to wire fraud, Litigation (case number 1:14-md-02543) media and in-person canvassing. agreed to pay $1 billion in fines and resti- tution and acknowledged that it ran a

4 BeasleyAllen.com scheme to use false reports and other mis- Ford Recalls Nearly 2 Million Vehicles suit alleges the F-150—along with the representations to convince automakers Over Fire Concerns Fusion, Escape, Flex, Focus and F-350 to buy air bag systems that contained vehicle models—were sold with lug nuts faulty, inferior or otherwise defective Ford Motor Co. has recalled nearly 2 that swell and delaminate, making it inflators. In June, the company filed for million F-150 Regular Cab and SuperCrew impossible to remove the tire with the bankruptcy in Delaware and Japan. Cab pickup trucks, saying the front seat Ford-supplied wrench and forcing drivers The class is represented by chair lead belts in the vehicles have the potential to to pay professionals to change the tires. counsel Peter Prieto, Aaron S. Podhurst, start fires during collisions. In a press Source: Law360.com Stephen F. Rosenthal, John Gravante, release, Ford said the seat belt pretension- Matthew P. Weinshall and Alissa Del ers that reduce the slack of front seat belts during crashes in some F-150s made Riego of Podhurst Orseck PA. Parts of the Toyota Recalls 1 Million Vehicles Over between 2015 and 2018 can ignite fires suit are being handled by Boies Schiller Electrical Wire Fire Risk Flexner LLP, Colson Hicks Eidson, Power when they activate. Seat belt pretension- Rogers & Smith LLP, Lieff Cabraser ers use a small pyrotechnic device, trig- Toyota has recalled nearly 1 million of Heimann & Bernstein LLP, Carella Byrne gered by collision sensors, to ignite gas its Prius and C-HR compact SUV vehicles Cecchi Olstein Brody & Agnello PC and and drive a piston that rapidly tightens over concerns that an exposed wire in the Baron & Budd PC. the seat belt. The press release said: engine can short-circuit and cause fires. The MDL is In re: Takata Airbag Prod- Ford is aware of 17 reports of smoke The Japanese automaker said the problem ucts Liability Litigation, (case number or fire in the United States and six affects 2016-2018 Prius and C-HR models. 1:15-md-02599) in the U.S. District Court in Canada. Ford is not aware of Car owners will be able to take their vehi- for the Southern District of Florida. any accidents or injuries as a result cles into Toyota dealerships to have the Source: Law360.com of this condition. faulty wires fixed. Toyota announced the recall, saying in a statement: The Ford press release said the preten- The problem is caused by “an Honda Expands Recall Over Air Bags sioners in driver and front passenger-side seat belts in the recalled vehicles can engine wire harness which is con- Honda is recalling about 1.4 million produce excessive sparks that can ignite nected to the hybrid vehicle power Honda and Acura cars in the U.S. to gas released into the central pillar that control unit. A portion of the wire replace the deadly Takata air bags. This houses the seat belt mechanism. Ford said harness could contact the cover at comes several months ahead of the there have been reports of that fire this connection and wear over time, National Highway Traffic Safety Adminis- spreading to carpeting and insulation causing an electrical short circuit, tration’s (NHTSA) schedule. behind the pillar as a result. The National which can generate heat. If suffi- The recall is the fourth phase of the Highway Traffic Safety Administration cient heat is generated, there is an Takata air bag recall announced by (NHTSA) launched a preliminary investi- increased risk of a vehicle fire. NHTSA in 2016. Honda said it decided to gation into reports of F-150 fires in When car owners bring their vehicles take action before NHTSA’s planned August. In a report posted to NHSTA’s in, the wire harness assembly will either expansion date in late December due to website, the agency said it had received be “replaced with a new one that includes the significant progress the company has five reports of fires in SuperCrew F-150s, a protective sleeve” if a “wire core is made with existing recall repairs. The three of them serious enough to result in exposed,” or the harness assembly will automaker said it has nearly 78 percent of total destruction of the truck. No injuries simply have protective tape applied if a the existing recalls repaired and that were reported. core is not exposed, Toyota said. The parts are now available to complete The recalled vehicles were manufac- company estimated that about 1 million the project. tured at Ford’s Dearborn, Michigan, and vehicles would be affected by the recall. The recall of Takata air bags, which can Kansas City, Missouri, plants between Roughly 800,000 of those – including all explode and send shrapnel flying inside March 2014 and August 2018. Ford said of the C-HR model compact SUVs – were the passenger compartment, is the largest approximately 1.6 million of the trucks sold in Japan, Europe and Australia, while in U.S. history. The recall involves 19 auto- were sold in the United States, 440,000 in 192,000 Priuses sold in the U.S. will also makers, about 37 different types of vehi- Canada and 37,000 in Mexico. Ford be affected. The recall announcement cles in the U.S. and about 50 million air dealers will conduct repairs of the trucks came just days after Toyota announced bags, according to NHTSA. free of charge, which will include remov- that it would be recalling nearly 20,000 The recalls are being conducted in ing insulation from the pillar’s trim, apply- 2012 model Avalons for possibly defective phases based on vehicles’ location and ing heat-resistant tape to remaining seat belt buckles, which could result in age. As of Sept. 30, a total of about 12.9 insulation and carpeting and modifying the airbag not deploying properly. million Honda and Acura vehicles in the rear interior panels. Toyota was also sued in February by a U.S. have been or are now subject to Ford is currently facing pending litiga- putative class of car owners who claim recall to replace the air bags, according to tion over other allegedly defective parts. that certain Prius models have a defect the automaker. There is currently a pending putative that creates a serious risk of stalling while class action claiming Ford sold F-150 traveling at high speeds, potentially pickups between 2015 and 2017 with resulting in a crash. Weeks before that, in defective door latches that do not work in January, Toyota announced that it would freezing temperatures and failed to warn be adding several hundred thousand vehi- customers of the defect. Another pending cles to the ongoing recall sparked by

JereBeasleyReport.com 5 faulty airbags manufactured by Takata sunroofs. U.S. District Judge William LLC. The case is Johnson v. Nissan North Corp., which was dragged into a pro- Orrick found that Nissan was not a third America Inc. (case number 3:17-cv- tracted bankruptcy by the ensuing fallout. party to an arbitration agreement the cus- 00517) in the U.S. District Court for the Source: Law360.com tomer signed with the dealership. Judge District of California, San Fran- Orrick ruled that if the arbitration agree- cisco Division. ment Plaintiff Linda Spry entered into Source: Law360.com SMART Car Seat, Restraint, And Structure with the dealership when buying her Death Suit Allowed To Go Forward 2012 Nissan Murano, in Centennial, Colo- rado, on Feb. 16, 2013, meant to include Cheri Marie Jolin was driving her Nissan as manufacturer, it would have III. SMART car in Colorado on Sept. 28, 2015, said so. The judge said in his order: PURELY POLITICAL when traffic slowed down in front of her. Here, the dealership could have As she slowed down to avoid hitting the NEWS & VIEWS easily included Nissan as a third- car in front of her, Ms. Jolin was rear- party beneficiary, but it did not. The ended by an F 150, killing her. plain language of the contract sug- Natalie Carrado, Brittany Jolin and Alex- The National Scene gests intent to include a limited ander Nemers brought suit on behalf of class of third parties who are The upcoming mid-term elections Ms. Jolin against Daimler AG and its sub- involved in disputes arising from involving races for the U.S. Senate and sidiary, Mercedes Benz USA (MBUSA), the purchase, leasing, servicing or House of Representatives could drastically claiming that the driver’s seat, seating contract negotiations with the deal- change the power structure in Washing- system, restraint system, and structure ership. When a party who executed ton. There will be a number of races in failed in the wreck, causing the victim’s a contract or document could easily key states around the country. If the Dem- fatal injuries. have designated a third-party bene- ocratic Party stays on message and runs U.S. District Judge William J. Martinez ficiary but failed to do so, it is indic- on issues affecting all of the American ruled last month that the negligence ative of a lack of intent. people, especially working men and claims against Daimler AG and MBUSA women, the voting on Nov. 6 should could proceed. Defense lawyers had con- Nissan would be an obvious party to result in a drastic change in the make-up tended that the “group pleading” alleged include in the agreement, had the dealer of both the House and Senate. While races by the Plaintiffs was improper. Defense intended it, according to the judge’s in Alabama don’t appear to be in any attorneys argued that the claims against order. The fact that the language of the danger of going to the Democrats, that is Daimler AG and MBUSA failed to give agreement is so broad as to not mention not the case in a number of key states. each Defendant notice of what each par- Nissan should not be inferred to mean it Based on recent national polling, it ticular Defendant allegedly did wrong. could be a third party under certain cir- appears that women and minorities will However, Judge Martinez ruled that “the cumstances. Nissan argued that in suing turn out in record numbers on Nov. 6. If Complaint describes the conduct and the it, Spry is unfairly holding the manufac- that happens the Democrats could well claims at issue” and that “MBUSA is a turer vicariously liable for the dealership’s take over in both houses of Congress. wholly or partially owned subsidiary of alleged actions. Daimler” therefore making it “more rea- Judge Orrich said that by Nissan’s own sonable for Plaintiffs to allege common admission there is no intertwining of the Alabama Politics For The General Election allegations against the two remaining dealership’s employees, agents or affili- Defendants.” ates with those of Nissan. That, the judge Based on all of the polling in Alabama Ms. Jolin was operating a 2008 SMART says, only further distances the automaker that I have seen, the races for Governor, car when she was killed. Judge Martinez from any argument that it is a third party Lt. Governor and Attorney General won’t ruled that, under Colorado law, the Plain- to any agreement made between Johnson be close. At press time in their races, Gov. tiffs’ breach of warranty and Colorado and the dealer. The underlying suit was Kay Ivey, Rep. Will Ainsworth and Attor- Consumer Protection Act claims failed filed in February 2017. It was alleged by ney General Steve Marshall were leading and those claims were dismissed. the drivers that the panoramic sunroofs their opponents in all of the polls by The case is Natalie Carrado et al. v. Nissan installed in several models going double digits. While Justice Tom Parker, Daimler AG et al (case number 1:17-cv- back as far as 2008 are vulnerable to shat- according to the polls, has a lead in the 03080) in the U.S. District Court for the tering suddenly. race for Chief Justice of the Alabama District of Colorado. The suit alleges that Nissan’s decision Supreme Court, he will face a very strong Source: Law360.com to use thin, tempered glass that is weak- challenge from Birmingham Circuit Judge ened in the manufacturing process Bob Vance. This race could wind up being caused the defect. The complaint, as closer than the other races. As for all of Nissan Can’t Arbitrate Claims In Defective amended, seeks damages on behalf of the other statewide races, I do not believe Sunroof Suit drivers in California, Colorado, Florida, there is enough time for any of the Demo- Illinois and New York under various cratic candidates to overcome leads as A California federal judge has denied state laws. high as 20 percent in some of the races. the attempt by Nissan North America to Spry is represented by Gregory F. compel arbitration for a consumer in a Coleman, Mark E. Silvey and Adam A. potential class action that accused the car- Edwards of Greg Coleman Law PC, and maker of selling vehicles with defective Crystal Foley of Simmons Hanly Conroy

6 BeasleyAllen.com IV. Georgia Department of Law for pur- gained multi-million dollar verdicts poses of conducting the investigation and settlements on behalf of his AN UPDATE ON and litigation; the firm’s experience clients. Mr. Cooper has built a THE OPIOID with the pharmaceutical industry; practice that brings together a state consumer protection laws, team that combines legal expertise LITGIATION including the Georgia Fair Business and compassion to ensure clients Practices Act; Medicaid and false receive the benefits of a large firm The following is a press release from claims laws; damage and economic with the personal attention of a the office of Georgia Attorney General loss recovery; the firm’s trial and small firm. With this in mind, The Chris Carr that was mentioned in the appellate experience; and the firm’s Cooper Firm represents a select Capital Comments Section. We are includ- arrangements for large and complex few clients in order to ensure that ing the release in its entirety. litigation matters (including the ade- each client receives the attention quacy of financial resources for such they deserve. litigation). The State Of Georgia Will Join The Franklin Law, LLC Opioid Litigation The Attorney General and staff Georgia Attorney General Chris Carr reviewed 20 proposals. After review- Franklin Law is a Georgia law firm today announced that he has selected ing, the Attorney General invited operated by the father-daughter outside private counsel to serve as seven in for an interview before team, James (“Jimmy”) B. Franklin co-counsel in an investigation and lit- making a final decision. and Rebecca Franklin Harris. Franklin Law was formed by igation involving the manufacture, A portion of each selected firm’s marketing, sale and distribution of Rebecca in 2009 and Jimmy joined “About” section is listed below for as Of-Counsel to the firm several prescription opioid products in the reference. You can learn more about state of Georgia. John Bevis of the years later. Together, the duo the firms by visiting their respec- brings more than 65 years of expe- Barnes Law Group will be appointed tive websites. as Special Assistant Attorney General rience in representing individual clients, businesses, and govern- (SAAG) pursuant to O.C.G.A. § 45-15- Barnes Law Group 4. The Barnes Law Group will work ment entities. Specifically, the duo in conjunction with The Cooper The attorneys at Barnes Law Group has substantial experience in Firm, Franklin Law, LLC and Beasley, have the unique charge of Making product liability litigation and Allen, Crow, Methvin, Portis & It Right for the citizens of Georgia other complex matters. Miles, P.C. and across the country. They are an unrelenting collection of indi- Beasley Allen Law Firm “As Attorney General, I have dedi- vidual talents that make up one of cated every available resource our In 1979, Jere Locke Beasley the most powerful and varied founded the firm, which is now office has to fight the opioid epi- groups of litigators that always fall demic—whether by increasing com- known as Beasley, Allen, Crow, on the side of consumer advocacy Methvin, Portis & Miles, P.C. The munication and coordination and the rights of the individual. through our Statewide Opioid Task firm represents plaintiffs and Our legal team is made up of the claimants in civil litigation. The Force, cracking down on illegal pre- best legal minds in Georgia. Our scribing through our Medicaid Fraud firm employs more than 75 lawyers lawyers and experienced staff have and over 200 support staff. Our Control Unit or conducting training literally spent decades working in opportunities for law enforcement primary offices are based in both the public and private sectors Atlanta, Georgia, and Montgomery, and prosecutors through our national on behalf of those who have been partnerships,” said Attorney General Alabama, although we work with wronged by others’ actions. As a attorneys and clients throughout Chris Carr. “As my office pursues result, Barnes Law Group is highly legal action against those who may the country. Our Atlanta office regarded as a top national law firm focuses on cases in the state of have had a role in fueling this epi- that provides results for our clients. demic, I feel very strongly that this Georgia and especially in the metro area. Beasley Allen repre- legal team’s combined experience The Cooper Firm and expertise will help put our legal sents plaintiffs and claimants in team in the best position to ensure We are a personal injury and the following areas: Business Liti- the interests of Georgians are wrongful death law firm that has gation, Personal Injury and Product protected.” successfully won multi-million Liability, Medical Devices and dollar awards and settlements on Drugs, Fraud, Employment Law, Qualified attorneys were invited to behalf of our clients nationwide. and Environmental. submit proposals to the Office of the Lance Cooper founded The Cooper Attorney General on or before Friday, Our attorneys are leaders in Firm in 2006. With experience in complex litigation in courtrooms May 18, 2018 at 5:00 p.m. to include substantial personal injury and the following information: educa- around the U.S., including state wrongful death cases, he has rep- and federal courts. Our attorneys tional and professional background; resented plaintiffs in numerous particular abilities and experience and cases have been profiled in civil jury trials and has successfully major national media such as Time relevant to representation of the prosecuted hundreds of cases and

JereBeasleyReport.com 7 Magazine, Business Week, Fortune The MDL features more than 1,000 country, with addiction and overdose Magazine, Forbes.com, Wall Street cases that are mostly aimed at drug manu- rates in states and cities mirroring Journal, Los Angeles Times, USA facturers, distributors and pharmacies. increases in OxyContin prescriptions. Today, U.S. News & World Report, However, a few cases also target phar- In the face of increasing restrictions New York Times, National Law macy benefit managers. Webb County’s related to opioid prescribing, Richard Journal, New Orleans Times-Pica- suit says that PBMs “ignore or neglect Sackler recently patented a new formula- yune, CNBC’s “The Closing Bell,” their assorted contractual undertakings to tion of a drug designed to help wean 60 Minutes, NPR, CNN, Headline ensure patient wellness.” The suit filed by people off of his very own blockbuster News, NBC’s “Today Show,” union benefit plans says that PBMs have drug OxyContin. Richard Sackler, son of MSNBC, ABC’s “Good Morning for years been capable of identifying Purdue Pharma’s founder, was in charge America” Fox News and Fox’s “The improper prescribing, but that they none- of the research department that devel- O’Reilly Factor.” We have also rep- theless “continued to authorize coverage oped OxyContin. Sackler later became resented clients testifying before for millions of unnecessary and/or inap- president and then co-chairman of U.S. Congressional committees on propriate opioid prescriptions.” Purdue while OxyContin made billions. Capitol Hill in Washington, D.C. The MDL is In re: National Prescrip- Now, Sackler stands to add to his Source: News Release tion Opiate Litigation (case number 1:17- fortune by continuing to exploit victims md-02804) in the U.S. District Court for of the opioid epidemic that his drug the Northern District of Ohio. The indi- helped create. It should be noted that Opioid MDL Stakes Rise For Pharmacy vidual cases are County of Webb v. Sackler has merely reformulated Benefit Companies Purdue Pharma LP et al. (case number buprenorphine, a medication long 1:18-op-45175) and Employer-Teamsters approved for the treatment of opioid The nation’s largest pharmacy benefit Local Nos. 175 & 505 Health & Welfare addiction and currently available as a management (PBM) companies must Fund et al. v. Purdue Pharma LP et al. more-affordable generic. clamp down on painkiller prescriptions (case number 1:18-op-45446) in the Lawyers in Beasley Allen’s Mass Torts and that will take court action to make it same court. Section continue to investigate cases happen. A new motion filed in the multi- Source: Law360.com involving patients who have suffered district litigation (MDL) raises the stakes addiction or overdose from prescription for PBMs over the opioid epidemic. The opioids. For more information, contact Liz motion for a preliminary injunction tar- OxyContin Creator Continues To Profit Eiland, a lawyer in the Section, at 800- geted CVS Caremark, Express Scripts Inc. From Opioid Epidemic 898-2034 or by email at Liz.Eiland@beas- and OptumRx Inc., which collectively leyallen.com. control most of the PBM market. A court After making record profits from sales Sources: Washington Post, Reuters and https://www. order is sought requiring the three com- of OxyContin, and creating millions of ncbi.nlm.nih.gov/pmc/articles/PMC2622774/ panies to immediately adopt policies con- new opioid addicts in the process, sistent with a Centers for Disease Control Richard Sackler now stands to make mil- and Prevention (CDC) guideline for pre- lions more peddling the antidote to that Beasley Allen Opioid Litigation Team scribing opioids. If you aren’t familiar addiction. We have previously reported with BPMs I recommend that you do a about Purdue Pharma’s role in fueling our As previously reported, because of the little research on what they are and how nation’s opioid epidemic. Purdue’s aggres- enormity of the opioid litigation, our firm they operate. sive marketing campaign for OxyContin has put together an “Opioid Litigation The request was made as part of two was unprecedented for a schedule Team.” Beasley Allen represents the State MDL lawsuits: one filed by union benefit II opioid. of Alabama and numerous local govern- plans serving Ohio residents and another The company’s campaign targeted ments and other entities in opioid litiga- filed by Webb County, Texas. Those suits already-high prescribers of opioid pain tion. Our lawyers are also handling raise the profile of pharmacy benefit man- medications and included a large sales individual claims for victims. If you have agers in the MDL. force whose bonuses dwarfed their any questions about this subject, contact annual salaries, branded promotional Rhon Jones, Rick Stratton, Ryan Kral, The motion stated that the PBMs— items, and coupons for a free 7- to 30-day Parker Miller, Jeff Price and Will Sutton, which decide whether and how drugs supply of the prescription pain lawyers in our firm’s Toxic Torts Section, should be covered by employers and medication. at 800-898-2034 or by email at Rhon. inurers—have many shortcomings in Through it all, Purdue taught its sales [email protected], Rick.Stratton@ their policies related to opioids. The PBMs reps to downplay physicians’ concerns beasleyallen.com, Ryan.Kral@beasleyal- allow “largely unchecked prescribing of about the risk of addiction. Purdue’s len.com, [email protected], opioids for chronic pain,” permit exces- tactics worked, and OxyContin reached [email protected] or William. sive quantities of opioids to be dispensed blockbuster status in the early 2000s, [email protected]. and improperly restrict access to drugs raking in nearly $3 billion in sales over that treat opioid addiction, the motion 2001-2002. Even as sales began to decline, said. The motion will be heard by U.S. Dis- OxyContin generated $1.74 billion trict Judge Dan Aaron Polster, who has in 2017. done a magnificent job of handling the However, OxyContin’s commercial very complex MDL. success came at a steep price—rates of opioid addiction skyrocketed across the

8 BeasleyAllen.com V. Instead, the court said, “the documents tions were not met, staff were dismissed merely indicate the possibility that such a from their employment. WHISTLEBLOWER fraud could be perpetrated in the nursing During his time as CEO, Williams com- LITIGATION home industry.” The Third Circuit further missioned an independent report to rejected application of the public disclo- analyze hospital admissions from the sure bar because the relator used non- emergency room. Upon presentation of public information to “make sense of the report to his corporate supervisor in Third Circuit Clarifies Public Disclosure publicly available information.” Thus, the 2009, Williams was told to destroy the Bar In False Claims Act Cases Third Circuit reversed and remanded the findings. He was subsequently fired by In United States v. Omnicare, Inc., the case back to the district court where it HMA after merely six months of Third Circuit Court of Appeals recently will proceed further. employment. clarified the operation of the public dis- Source: National Law Review Parent company Community Health closure bar in the False Claims Act. The Systems acquired HMA in 2014 while the case focused on allegations that the whistleblower cases were pending. Since Defendant unlawfully discounted prices Georgia Whistleblowers Share In $262 the acquisition, both parent company and to supply prescriptions to Medicare Part A Million Settlement With Florida Hospital HMA have operated under a mandatory patients in nursing homes. Chain corporate integrity agreement with the The government reimburses nursing Justice Department’s inspector general homes for these patients on a fixed per Florida-based hospital chain Health that required the companies to establish diem rate that covers all services includ- Management Associates (HMA) and cor- an ethics and compliance-reporting ing prescriptions. This discount allegedly porate parent Community Health Systems program. The agreement allowed the induced nursing homes to give the Defen- will pay $262 million in a global settle- companies to continue to participate in dant contracts to supply prescriptions to ment to resolve eight whistleblower suits Medicare, Medicaid and other federal other patients covered by Medicare Part D against HMA in Georgia, Florida, Pennsyl- health care programs despite HMA’s and Medicaid—both of which are reim- vania, Illinois, North Carolina and South known practices. bursed on a cost basis. This practice is Carolina. The settlement made with the Community Health Systems acknowl- known as “swapping.” Justice Department includes both civil edged the settlement, which also resolved The relator alleged that Defendant claims and criminal charges stemming kickback allegations against several HMA agreed “to provide drugs to Part A from a scheme to defraud Medicare and hospitals, will be paid beginning in patients at per-diem rates that were so other federal health care programs by October 2018. Williams and Brummer low… that they must have been below billing federal programs for inpatient will each receive between 15 percent and cost, in exchange for the right to service admissions and services that should have 25 percent of about $53 million from the the nursing home’s other residents at the been handled as outpatient or observa- total settlement for their reporting. Under market rate.” The relator claimed that tion services. the False Claims Act, successful whistle- such swapping violated the Anti-Kick- The fraud was reported by both ER phy- blowers receive a portion of the recov- back statute. sician Craig Brummer and Ralph D. Wil- ered damages associated with the The district court dismissed the case, liams, the former CEO for HMA hospitals reported fraud. finding that the claims were prohibited Walton Regional Medical Center and The HMA settlement is the second pursuant to the public disclosure bar. The Barrow Regional Medical Center. Despite result of Williams’ reporting fraudulent public disclosure bar prohibits a relator simultaneously working for HMA in behavior observed during his six-month from bringing a False Claims Act lawsuit the same area, the two individuals were tenure at Walton Regional Medical Center. based on a fraud that has already been dis- unaware of the other’s actions in Williams’ previous whistleblower case closed through certain public channels, reporting. settled in 2016 for more than $513 unless the relator is an “original source” HMA cyclically defrauded the govern- million, and involved Dallas-based Tenet of the information. The district court ment by abusing federal policies that Healthcare Corp in one of the largest relied on public reports generally discuss- determine reimbursement rates based on “pay-to-play” hospital corporate fraud ing and disclosing the practice of swap- inpatient diagnoses; the length of a schemes of the time. In the 2009 suit, Wil- ping as well as the Defendant’s 10-k patient’s hospital stay is immaterial to the liams learned the hospital, along with financial disclosure. money the hospital receives. After secur- several other hospitals owned by Tenet The Third Circuit rejected the over- ing the higher federal reimbursement rate Healthcare Corp., arranged a deal with a broad interpretation of the public disclo- by admitting a patient, HMA would then string of clinics that were paid kickbacks sure bar and held that publicly available quickly release said patient in order to by hospitals in return for sending them information “could not have reasonably or admit new ones, generating higher profits undocumented pregnant women in labor plausibly supported an inference” of for the corporate hospital. who qualified for Medicaid. fraud. The court found that none of the HMA hospital executives perpetuated Reporting deceitful billing practices documents, alone or considered together, the fraud by various means, including but like HMA’s benefits taxpayers by both the disclosed the Defendant’s alleged fraudu- not limited to pressuring staff to admit ER financial recovery of federal funds fraudu- lent transactions. The court specified that patients by issuing ambitious admission lently dispersed, as well as disincentiviz- “the documents do not point to any spe- goals, then observing whether these goals ing practices that expose patients to cific fraudulent transactions directly were met by monitoring the software unnecessary harm and/or jeopardize a attributable to” the Defendant. HMA installed to track whether individual patient’s safety. If you have any informa- hospitals were meeting them. If expecta- tion related to fraudulent and/or unsafe

JereBeasleyReport.com 9 practices you would like to share, contact all of which provide a substantial and not influenced by financial benefits a member of our firm’s Whistleblower value and save physicians’ time, to the referring provider or entity. Team at 800-898-2034. money, and resources. EAMC and Aperian previously paid Source: CSNBC $477,403 to settle a limited number of The allegations of AbbVie’s reported claims set out in the litigation. In addition, misconduct were brought to the attention the marketing companies and their of the CDI by a whistleblower, a regis- California Commissioner Sues Biopharma owners settled the claims against them by tered nurse, who was employed as an agreeing to pay nearly $2 million to reim- Giant AbbVie Alleging Illegal Kickbacks in AbbVie Nurse Ambassador in Florida. Promoting HUMIRA burse taxpayers for the claims referred on Commissioner Jones said in a statement: account of the kickbacks they were paid, California Insurance Commissioner AbbVie spent millions convincing plus paying the whistleblower’s attorneys’ Dave Jones filed an insurance-fraud patients and health care profession- fees and expenses. lawsuit last month in Alameda County als that AbbVie Ambassadors were The whistleblower was a former Superior Court on behalf of the state patient advocates—in fact, the Aperian employee who attempted to stop against AbbVie Inc. The state alleged that Ambassadors were HUMIRA advo- the wrongful conduct internally, but he the company gave illegal kickbacks to cates hired to do one thing, keep was ignored by his supervisors. He will be health care providers to prescribe patients on a dangerous drug at paid a whistleblower reward for his HUMIRA, which the state classified as an any cost. Pharmaceutical compa- efforts under the False Claims Act qui expensive and dangerous drug with nies know financial inducements tam provisions. potentially deadly side effects. The case are illegal, and patients depend on Don McKenna and Randi McCoy, was filed on behalf of the state under the their health care professionals for lawyers at Hare Wynn, along with Battle Insurance Frauds Prevention Act. straightforward honest information & Winn lawyers Bob Battle and Adam It is alleged in the complaint that about their care and medication Plant, represented the whistleblower in private insurers have paid out $1.2 billion risks. In this case, patient care was this case. The United States did not inter- in HUMIRA-related pharmacy claims, traded for $1.2 billion in ill- vene in the case. However, the U.S. Attor- making what Commissioner Jones gotten gains. ney’s Office for the Northern District of believes is the largest health insurance Alabama cooperated with the whistle- fraud case in California Department of blower’s lawyers throughout the Insurance (CDI) history. It was further litigation. alleged in the complaint: Alabama Hospital Reaches $4.3 Million FCA Source: Law360.com Settlement Over Toxicology Tests AbbVie engaged in a scheme includ- ing both classic kickbacks—such as East Alabama Medical Center (EAMC) The Beasley Allen Whistleblower Team cash, meals, drinks, gifts, trips, and and its subsidiary Aperian Laboratory patient referrals—and more sophis- Solutions, LLC has agreed to pay an addi- Whistleblowers are the key to exposing ticated ones. The more sophisticated tional $4,250,000, plus attorney’s fees and corporate wrongdoing and government schemes involved free and valuable litigation expenses, to settle claims it vio- fraud. A person who has first-hand knowl- professional goods and services to lated the Anti-Kickback Statute and sub- edge of fraud or other wrongdoing may physicians to induce and reward mitted false claims for payment to have a whistleblower case. Before you HUMIRA prescriptions, according to Medicare in violation of the False Claims report suspected fraud or other wrongdo- the complaint. These professional Act. This settlement was in addition to ing—before you “blow the whistle”—it is goods and services allegedly earlier settlements in this same case of important to make sure you have a valid included free insurance processing nearly $2.4 million. claim and that you are prepared for what and prior authorizations, gifts of The whistleblower suit alleged Aperian lies ahead. Beasley Allen has an experi- medical practice management paid percentage commission kickbacks to enced group of lawyers dedicated to han- hardware and software, and even Summit Diagnostics and Compass Labora- dling whistleblower cases. The lawyers marketing assistance, all of which tory Solutions, marketing companies that on our firm’s Whistleblower Litigation save physicians valuable staff time arranged for doctors nationwide to refer Team are Archie Grubb, Larry Golston, and resources. toxicology lab tests to Aperian in Opelika, Lance Gould, Andrew Brashier and Alabama. The Anti-Kickback Statute The complaint claims that AbbVie Paul Evans. makes it illegal to provide anything of inserts its own personnel directly into the A lawyer on the Whistleblower Team value in exchange for referring or arrang- homes of patients, and that when doctors will be glad to discuss any potential whis- ing the referral of services paid for by prescribe HUMIRA, AbbVie sends its reg- tleblower claim either in person or by Medicare and other federal health insur- istered nurses into patients’ homes, repre- phone. You can reach these lawyers by ance payors. senting them to be an extension of the phone at 800-898-2034 or by email at Congress passed the Anti-Kickback doctor’s office. It is alleged: [email protected], Larry. Statute to prevent kickbacks from influ- [email protected], Lance. AbbVie nurses provide pharmacy encing where medical services are pro- [email protected], Andrew.Brash- and insurance authorization assis- vided to patients, or who provides those [email protected] or Paul.Evans@bea- tance, open enrollment resources, services. As Congress made clear, referral sleyallen.com. paperwork help, advice on insur- decisions should be based on the best ance products, and other services, interest of the patient and quality of care,

10 BeasleyAllen.com VI. anywhere,” “do anything” vehicles, creat- mower guards. Yet, even after decades of ing a false sense of security for research pointing to the necessity of PRODUCT many users. these safety devices, manufacturers are LIABILITY UPDATE Recently, Fernando Stein, MD FAAP, still reluctant to incorporate and promote President of the American Academy of the use of these devices into their Pediatrics, stated: tractor designs. Until 1985, seatbelts were not installed A Look At ATV Accidents And Children As a pediatrician, my number one on tractors as standard equipment. In job is to keep children safe and Accidents involving children are some 1986, the National Safety Council found healthy. ATVs are not safe for chil- that less than one-third of tractors were of the most tragic cases lawyers in our dren and should not be used by any firm see. All too often we receive calls equipped with seatbelts. Even today— child under the age of 16. Children almost 30 years after seatbelts became regarding children and young adults hurt are not developmentally capable of or killed on ATVs and UTVs. ATVs (all-ter- standard—tractor manufacturers are not operating these heavy complex promoting the use of seatbelts. Many rain vehicles) are off-road motorized vehi- machines. cles having three or four wheels, a tractor advertisements feature operators straddle seat for the operator and handle The American Academy of Pediatrics who are not using their seatbelts. Despite bars. UTVs (utility terrain vehicles) are advises all parents to protect their chil- warnings on tractors suggesting use of motorized recreational off-highway vehi- dren by preventing them from driving or seatbelts, operators primarily forego the cles with four or more wheels, multiple riding in an ATV. This is good, sound use of seatbelts in favor of less restriction. seats and steering wheels. UTVs are also advice. Due to minimal seatbelt usage, it is commonly referred to as side by sides. Far too many children have been need- important that tractor manufacturers The Consumer Product Safety Commis- lessly injured and killed on ATVs and incorporate other safety devices, such as sion (CPSC) has tracked injuries and fatali- UTVs. As Dr. Stein advises, the only way deadman switches and rotary mower ties of ATVs since 1982. As of Dec. 31, to stop these injuries and deaths is to guards to prevent injury in case of a fall. If 2016, there were 14,653 ATV-related fatali- prevent children from riding ATVs and an operator is not using a seatbelt, a ties reported to the CPSC. Of those 14,653 UTVs altogether. However, if children are deadman switch will cut off all power to fatalities reported, 3,232 were children allowed on ATVs or UTVs it is imperative the tractor once it senses that the opera- younger than 16, or 22 percent of all fatal- that every precaution be taken to make tor has left the tractor seat. In addition, a ities. In 2016 alone, there were more than sure that the driver is capable of handling rotary mower guard will minimize inju- 101,000 ATV-related emergency depart- the vehicle and all oversight possible is ries from a tractor fall by protecting the ment treated injuries in the United States. maintained to ensure the safe operation occupant from being run over by the trail- An estimated 26 percent of these injuries of the vehicle. ing mower. When a deadman switch is were to children younger than 16. If you need more information on this combined with a mower guard, the occu- As shocking as these figures are, they subject, contact Evan Allen at 800-898- pant is protected from being run over and do not include the countless fatalities and 2034 or by email at Evan.Allen@beasleyal- from being dragged in front of the guard injuries suffered on UTVs. The CPSC has len.com. Evan and other lawyers in our for an extended distance. This minimizes publicly commented that ATVs are at the firm’s Personal Injury & Products Liability the chances of the occupant’s body top of the list of the most dangerous prod- Section have handled a number of cases coming into contact with the rotating ucts the commission regulates, causing involving children injured or killed while mower blade. more injuries and deaths than almost any riding on ATVs and UTVs. They know Seatbelts alone are not sufficient in pro- other product. Unfortunately, the data firsthand how dangerous these vehicles tecting tractor occupants from injury and indicates that injuries and deaths caused can be for children. death just as seatbelts alone are not suffi- cient in protecting car occupants from by ATVs is on the rise. Sources: cpsc.gov and aap.org The American Academy of Pediatrics injury and death. The automobile industry has taken note of the unsettling connec- recognizes that passive safety devices, tion between ATVs and pediatric injuries. such as airbags, are necessary to protect Tractor Manufacturers Must Install More At a recent AAP National Conference, the car occupants from foreseeable accidents Safety Devices To Protect Occupants From director of Pediatric Emergency Medicine because an active safety device, such as a Foreseeable Tractor Falls from the University of Iowa characterized seatbelt, is dependent on the occupant’s choice to utilize it. Tractor manufacturers the problem as a growing epidemic, Tractor accidents account for an esti- must also recognize the need for passive noting that the number of ATVs has more mated 130 deaths each year, so it is no safety devices, such as deadman switches than tripled in the past decade. Addition- surprise that agricultural workplaces have and rotary mower guards that protect the ally, the size, weight, horsepower and the highest rate of death due to work- occupant even if the occupant chooses speed of the average ATV has dramatically related injuries. What is surprising is that not to protect himself by wearing a increased in recent years as well. The these deaths are, in many cases, prevent- seatbelt. high speeds the ATVs are capable of able. Most deaths occur when the opera- Beasley Allen lawyers have successfully reaching has compounded the problem as tor falls from the tractor after the tractor handled many cases involving tractor the severity of accidents has also tips up or completely overturns. Injury defects. If you need more information, increased. The vehicles are given a high and death caused by tractor falls could be contact Greg Allen, Cole Portis, Ben center of gravity, resulting in a vehicle minimized or eliminated if the tractor Baker, or Stephanie Monplaisir at 800- that is susceptible to rollovers. Addition- contained safety devices such as seatbelts, 898-2034 or by email at Greg.Allen@beas- ally, these vehicles are marketed as “go rollbars, deadman switches, and rotary

JereBeasleyReport.com 11 leyallen.com, Cole.Portis@beasleyallen. and Skip—require riders to give up their made up of similar chemical elements to com, [email protected] or right to sue, either individually or as part platy talc but the particles themselves are [email protected]. of a class action, with arbitration needle-like in nature, causing damage to Source: www.tractorlaw.com agreements. cells, which results in the development of Arbitration clauses, which appear quite cancer. The World Health Organization’s frequently in the “fine print” in terms of International Agency on Research for Electric Scooters Cause Severe Injuries To service and other user agreements, are Cancer (IARC) has classified asbestos, Spike In Major Cities widely used by companies whose services fibrous talc, and heavy metals as sub- pose a physical risk to consumers. These stances that cause cancer in humans. Rentable electric scooters are prolifer- agreements strip electric scooter riders of Asbestos has been shown in studies to ating in cities throughout the U.S. as the their legal leverage by forcing personal- specifically cause ovarian cancer. Despite latest urban transportation trend. But injury and other complaints into media- mounting evidence to the contrary, growing alongside the number of electric tion with an arbitrator chosen by Defendants continue to deny the fact that scooters and the companies providing the company. there is asbestos in their talcum powder them are the serious injuries caused by a Source: AL.com products and has been for decades. lack of regulation or familiarity, and More than 8,500 cases are pending in mechanical problems. the federal MDL where women suffered One San Francisco emergency room from or died of ovarian cancer. After the physician told The Washington Post VII. MDL court addresses general causation, recently that he sees as many as 10 severe An Update On The discovery related to their specific claims electric scooter injuries a week. The Santa is expected to commence, leading to Monica Fire Department said it has Talc Litigation trials of individual cases. If you need more responded to dozens of serious electric information on the MDL contact Leigh scooter accidents just this past summer. O’Dell or Liz Eiland at 800-898-2034 or by And it’s the same situation in Atlanta, The Status Of The Talc MDL email at [email protected] or Austin, Nashville, and other cities the Post [email protected]. The talcum powder litigation in federal surveyed—with ER doctors reporting court continues to proceed toward a spikes in severe accidents since electric general causation hearing in June 2019. scooters debuted. The kinds of injuries Current Status Of Talc/Ovarian Cancer Judge Freda Wolfson ordered Plaintiffs to electric scooter drivers suffer in urban Verdicts And Upcoming Trials disclose their experts on Nov. 16, 2018. areas resemble those sustained in car Thereafter, Defendants Johnson & crashes, with broken or fractured limbs, Since early 2016, a remarkable number Johnson (the manufacturer of Baby shoulders, noses, wrists, arms and shoul- of Baby Powder/ovarian cancer cases Powder and Shower to Shower talc prod- ders, and traumatic brain injuries that can have gone to trial against Johnson & ucts), Imerys Talc America (the talc leave lifelong debilitating effects. Johnson and its talc supplier, Imerys Talc mining company), and Personal Care Contributing to these problems is a America. Six single-Plaintiff cases have Products Council (PCPC) (the trade orga- complete lack of safety regulations, such been tried to verdict. Additionally, a nization), will be required to serve their as a helmet requirement. Some electric 22-Plaintiffs case has been tried to expert reports on Feb. 15, 2019. During scooter companies, such as Bird and Skip, verdict. Plaintiffs have won six of these the June 2019 general causation hearing, are making efforts to provide helmets to trials and all are currently going through the multidistrict litigation (MDL) court scooter drivers, but at the same time are the appellate process. will consider whether there is sufficiently pushing back against proposed helmet The first of these verdicts (February reliable scientific evidence to conclude mandates where they arise in legislatures. 2016) was a $72 million verdict on behalf that talcum powder products increase the Electric scooters may be unsafe due to of the estate of Jacqueline Fox—that Judg- risk of ovarian cancer. mechanical problems, lack of mainte- ment was “reversed and vacated” by the During recent weeks, Plaintiffs in the nance, or defects. Several complaints Missouri Court of Appeals on jurisdic- MDL have taken numerous depositions of highlighted by The Washington Post tional grounds and has been sent back to corporate employees of Johnson & story related to accelerators that become trial Judge Rex M. Burlison for consider- Johnson, Imerys and PCPC. These deposi- stuck in position, causing riders to speed ation of further litigation in St. Louis, tions have focused on Defendants’ efforts out of control, or bad brakes that made Missouri. to influence the published scientific liter- them unstoppable. The second verdict (April 2016), on ature and manipulate the FDA and the Critics of the electric scooters say that behalf of Gloria Ristesund, totaled $55 National Toxicology Program so that fleets of the devices are poorly main- million and was also “reversed and talcum powder products would not be tained by amateur mechanics with no vacated” by the Missouri Court of Appeals classified as carcinogenic when used in prior mechanic experience and poor on jurisdictional grounds. It is currently the female genital area. Evidence supports training, making them even more prone being appealed to the Missouri the conclusion that the talcum powder to mechanical failures that can Supreme Court. products contain not only talc and injure riders. The remaining Plaintiffs’ verdicts are perfume as described on the products’ With so many dangers posed by the just starting the appellate process and are labels but also fibrous talc, asbestos, and seemingly innocent-looking electric as follows: high levels of heavy metals such as nickel, scooters, it may come as no surprise that chromium and cobalt. Fibrous talc is the major scooter companies—Bird, Lime,

12 BeasleyAllen.com • Deborah Giannecchini—St. Louis— ated with its talcum powder. With Imerys placed a cancer warning on the contain- October 2016—$70 million Talc America jumping ship, Johnson & ers of talc sold to J&J. Johnson has been left to defend alone in Sources: Bloomberglaw.com; Bloomberg.com and • Lois Slemp—St. Louis—April 2017— its ill-founded defense claims a number Law360.com $110 million of cases. • Eva Eccheverria—Los Angeles—August Since 2013, Imerys has been named in 2017—$417 million numerous lawsuits alleging its talc was Important Ruling Against J&J In A Warning used in products that eventually caused Label Suit In California • Gail Ingham, et al. (22 Plaintiffs)—St. cancer in consumers. The company has Louis—July 2018—$4.69 billion maintained it is not at fault. However, A California federal judge has rejected since 2016 several juries have held Imerys Johnson & Johnson’s bid to dismiss a suit While there are no more trials set for liable for its part in causing these injuries. alleging the company violates state 2018, next year is already shaping up to In June 2018, on the heels of several high- warning label and false advertising laws be a busy one. The following cases are profile losses, Imerys Talc America settled by selling asbestos-contaminated talcum currently being worked up for trial: with 22 women who alleged the company powder products. U.S. District Judge • Forrest, et al v. Johnson & Johnson, et supplied Johnson & Johnson with asbes- George Wu denied J&J’s motion to dismiss al.—January 2019—St. Louis, Missouri; tos-tainted talc that caused them to the suit brought by seven women. This Brower v. Johnson & Johnson, et al.— develop ovarian cancer. By doing so, lawsuit has opened a new front in the March 2019—Atlanta, Georgia; Young, Imerys Talc America evaded what would ongoing legal battles over J&J’s talc by et al. v. Johnson & Johnson, et al.- April have been a high-profile trial focusing in claiming that the alleged contamination 2019—St. Louis, Missouri part on whether Imerys knowingly sold of the products violates California’s False talc tainted with asbestos. Advertising Law, Unfair Competition Law • Kleiner v. Johnson & Johnson, et al.— A company spokeswoman announced and Proposition 65. Prop 65 requires busi- May 2019—Philadelphia, Pennsylvania in an email that the company, Imerys Talc nesses of all kinds to put up cancer warn- America, was being dismissed from the ings if their operations or products might • Cases to be determined—August lawsuit and had reached a settlement expose customers to known carcinogens. 2019—St. Louis, Missouri agreement with the 22 women Plaintiffs. Judge Wu rejected J&J’s argument that • Farrar, et al. v. Johnson & Johnson, et Details of the settlement between the 22 the complaint did not contain enough al.—October 2019—St. Louis, Missouri Plaintiffs and Imerys have not been con- specific factual allegations to meet the firmed by Imerys; however, Bloomberg standards set out by the U.S. Supreme While Johnson & Johnson continues to reports that Imerys Talc America paid the Court in its 2007 and 2009 rulings Bell deny that its products are dangerous to Plaintiffs at least $5 million to free the Atlantic v. Twombly and Ashcroft v. consumers, it appears its talc supplier company from the suit. Iqbal, which required federal complaints sees the writing on the wall. There will Most recently, on Sept. 15, Imerys Talc to go beyond “mere conclusory state- be a time when J&J will realize that it America chose to avoid having a jury ments” to survive dismissal. Judge Wu should do the right thing and settle all decide its fate by entering into a last-min- wrote in his order that the instant suit pending litigation. In the meanwhile, we ute settlement with a California woman presented “one of the occasional opportu- will continue the battle. who alleged that both Johnson & Johnson nities” to investigate where the line is If you need more information on the and Imerys Talc America knowingly sold drawn between “an insufficient conclu- Talc Litigation contact Ted Meadows, Dan- asbestos-tainted talc and were responsible sory allegation and a sufficient factual ielle Mason, David Dearing or Brittany for causing her cancer. Plaintiff Carolyn one.” He found that the women had made Scott, all lawyers in our Mass Torts Weirick said she used J&J’s Baby Powder it across that line. Judge Wu wrote: Section, at 800-898-2034 or by email at and Shower-to-Shower products almost [email protected], Dani- daily for years, and that the asbestos in The court has reviewed the parties’ [email protected], David. the products caused her mesothelioma, a briefs and the plaintiffs’ allegations, [email protected] or Brittany. cancer associated with exposure to and has determined that those alle- [email protected]. asbestos. gations fall into the latter camp for During closing arguments, Weirick’s purposes of stating the relevant lawyer asked the jury to award $29.2 claims, even if not pled at an evi- dence-level of detail. The court Johnson & Johnson’s Talc Supplier Jumps million in compensatory damages, and believes that defendants are simply Ship In A Wave Of Settlements additional punitive damages. Shortly before the conclusion of closing argu- demanding more from the plaintiffs The talc supplier for Johnson & John- ments, the trial judge informed the jury at this stage than is required. son’s Baby Powder, Imerys Talc America, that Imerys was no longer part of the Judge Wu also rejected J&J’s argument has been quick to defend the “quality and case, but responsibility for Weirick’s that the women hadn’t complied with safety” of its talc in statements made to cancer, if any, would still be apportioned Prop 65’s requirements by actually testing the press. However, despite this, Imerys between J&J and Imerys. J&J’s products to see if they contained has remained tight-lipped about the wave Although Imerys has publicly con- asbestos before filing a 60-day presuit of recent settlements of claims asserting firmed that the company settled with notice that it was violating Prop 65, Imerys knowingly supplied Johnson and Weirick, the company has declined to writing that barring an admission by the Johnson with talc tainted by asbestos and provide any details of the settlement. It Plaintiffs that they failed to investigate, or knew of the cancer-causing risks associ- should be noted that for years, Imerys has “obvious timing-based failure,” no Prop 65

JereBeasleyReport.com 13 case had been dismissed on these which manufactures Testopel, Fortesta, reached an initial agreement and intends grounds. The Plaintiffs, Hermelinda Luna, and Delatestryl; and Actavis, which manu- to finalize that agreement in the near Alexandria Hanks on behalf of the estate factures Androderm. Throughout 2018, future certainly provides some comfort of Tania D. Hanks, Ethel Herrera, Jeanette Eli Lilly, Endo & Auxilium, and Actavis for the men with claims pending against Jones, Becky Canzoneri, Margaret Reed each reached final or tentative settlement the pharmaceutical company. With nearly and Brenda Versic, filed suit against J&J agreements, putting an end to further 4,000 Plaintiffs with claims against and its unit Johnson & Johnson Consumer trials. In early September, the last Defen- AbbVie, some of which were filed at the Inc. in Los Angeles Superior Court dant still pursuing litigation, AbbVie, very inception of this MDL in 2014, this in March. entered a confidential term sheet regard- settlement marks the end of a long and They allege that Johnson’s Baby Powder ing a potential global settlement, finally difficult journey for those trying to seek and J&J’s Shower to Shower, a scented putting closure to this litigation within justice and demand accountability from talc product, contain asbestos, a known sight for thousands of impacted the largest and most formidable testoster- carcinogen, and thus violate Prop 65’s individuals. one replacement therapy manufacturer. warning label requirements as well as Several jury trials led up to this mile- Beasley Allen lawyer Matt Teague is deceiving customers who were promised stone for the MDL. Over the past year, six handling the Testosterone Replacement a pure, safe product in advertising. The TRT trials against AbbVie have gone to Therapy litigation for the firm and serves suit is seeking injunctive relief—a juries. The first was Mitchell et al. v. on the Plaintiffs Steering Committee for warning label on J&J talc—as well as stat- AbbVie, Inc. et al, which resulted in a the MDL. For more information, call Matt utory penalties of $2,500 per day for each partial Plaintiff verdict awarding $150 at 800-898-2034 or by email at Matt. J&J talc product sold without a million in damages. That verdict was ulti- [email protected]. warning label. mately overturned because the judge The Plaintiffs are represented by Lee A. found the jury’s decisions on certain Cirsch, Michael A. Akselrud, W. Mark claims to be irreconcilable. The second J&J Loses Rehearing Bid Over Out-Of- Lanier and Richard D. Meadow of The trial was Konrad et al. v. AbbVie, Inc. et State Mesh Cases In Pennsylvania Lanier Law Firm and Michael S. Burg, al, which also resulted in a partial Plain- David K. Teselle, Seth A. Katz and Dan tiff verdict and $140 million in damages. A Pennsylvania appeals court has Ernst of Burg Simpson Eldredge Hersh & It, too, was overturned under a similar denied a Johnson & Johnson unit’s bid for Jardine PC. The case is Hermelinda Luna rationale to Mitchell. The next three trials en banc rehearing, following a decision v. Johnson & Johnson et al. (case number against AbbVie all resulted in full Defense that the company’s business ties in the 2:18-cv-004830) in the U.S. District Court verdicts. Finally, and most recently, the state allowed Philadelphia County to for the Central District of California. Mitchell case was retried and resulted in a serve as venue for claims from an Indiana Source: Law360.com Plaintiff verdict with $3 million in woman who won $13 million for injuries damages. The only other Defendant to be sustained from a mesh implant. brought to trial was Auxilium; that trial Ethicon Inc., which is headquartered in resulted in a Defense verdict. All of the New Jersey along with parent company VIII. remaining Defendants settled before J&J, sought reconsideration from the full MASS TORTS having to try a case in court. Superior Court bench following a three- Upon seeing both sides’ willingness to judge panel’s decision in June saying LITIGATION push forward with trials, in late 2017 Plaintiffs in a cluster of mesh-related cases UPDATE Judge Kennelly ordered over 100 addi- brought by out-of-state Plaintiffs could tional cases to be worked up for trial move forward in Philadelphia County against all Defendants. These cases were because of Ethicon’s relationship with a selected in three separate waves, all to be Settlement In Sight For Testosterone Pennsylvania-based company in the man- heard by juries back-to-back throughout ufacture of its mesh implants. The Supe- Replacement Therapy MDL 2018, 2019, and potentially into 2020 if rior Court, however, rejected the petition The Testosterone Replacement Therapy the parties did not reach settlements. As without comment on Aug. 29. (TRT) multidistrict litigation (MDL), origi- these cases were prepared for trial, The appeal presented the first opportu- nally centralized in the Northern District parties did, in fact, begin to reach settle- nity for a Pennsylvania appeals court to of Illinois in 2014 before Judge Matthew ment agreements. Cases selected for trial weigh in on a recent U.S. Supreme Court Kennelly, is finally nearing a settlement against Eli Lilly, then Endo & Auxilium, decision—Bristol-Myers Squibb Co. v. with all Defendants. The MDL has nearly and finally Actavis were stayed pursuant Superior Court of California—limiting 6,000 cases pending, and has seen back- to those settlements. On Sept. 4, 2018, the the ability of state courts to hear claims to-back trials since mid-2017. The MDL Court announced that the parties had from out-of-state residents. includes multiple Defendants, each of come to an initial agreement regarding a A nearly $13 million verdict was won which manufactured and sold different potential global settlement with AbbVie, by Indiana resident Patricia Hammons in TRT drugs. As Plaintiffs allege, the manu- which resulted in a stay of all remain- December 2015, in the first trial the facturers marketed them for off-label uses ing trials. company faced in Philadelphia County and without an adequate warning for AbbVie’s expected settlement agree- over its allegedly defective mesh prod- adverse cardiac risks. ment puts closure in sight for thousands ucts. The verdict arose from claims that a Defendants include AbbVie, which of injured men and their families. mesh implant Hammons received to manufactures AndroGel; Eli Lilly, which AbbVie’s settlement is not final at this correct sagging of her internal organs manufactures Axiron; Endo & Auxilium, time, but the knowledge that it has became embedded in her bladder, leaving

14 BeasleyAllen.com her in chronic pain and unable adopted a different standard, which and just as effective as the 20mg dose. to have sex. focused on whether experts in the same Based on the results of that study, the U.S. Ethicon argued on appeal that it did not field would use the same or similar meth- Food and Drug Administration (FDA) have sufficient business ties to Pennsylva- odologies (Rubanick v. Witco Chemical forced Bayer and Janssen to remove the nia for the case to pass jurisdictional Corp., 125 N.J. 421). 20mg dose for this indication from Xarel- muster under the Bristol-Myers Squibb In 1993, the Supreme Court of the to’s label, making 10mg the only FDA- ruling. However, the Superior Court United States adopted the Daubert Stan- approved dose for the prevention of pointed to the company’s reliance on Phil- dard, which shifted the analysis of expert recurrent VTE. adelphia-area Secant Medical Inc. to man- testimony from a “general acceptance” Subsequently, in June 2018, Xarelto’s ufacture its mesh products. The Superior standard to a review of the specific label was amended to inform physicians Court said in its decision in June: expert’s methodology and reasoning. See of a recently approved reversal agent that Daubert v. Merrell Dow Pharmaceuti- can be used for patients experiencing This evidence establishes an affilia- cals, Inc. 509 U.S. 579 (1993). Despite bleeding while taking Xarelto. AndexXa, tion between Pennsylvania and widespread acceptance of the Daubert the reversal agent developed by Portola Hammons’ cause of action against Standard in many state courts, New Jersey Pharmaceuticals, was approved by the Ethicon for defective design of declined to adopt it, instead continuing to FDA in May 2018. This is the first FDA- the... device. adhere to its own Rubanick standard, approved reversal agent that can be used In addition to challenging the verdict in which also focused on methodology, but to reverse Xarelto’s anticoagulant effect in the Hammons case, Ethicon also used the did not adopt Daubert’s specific factors patients. This reversal agent will be Bristol-Myers Squibb decision to petition for evaluating admissibility. important to the thousands of patients the supervising judge of the pelvic mesh These standards of analysis have been who suffer internal bleeding while taking mass tort to revisit his 2015 ruling saying particularly important in the Accutane lit- Xarelto every year. the Philadelphia County did have jurisdic- igation since Judge Nelson C. Johnson Despite these recent changes, Bayer tion over claims from out-of-state barred testimony of two of Plaintiffs’ and Janssen continue to omit crucial Plaintiffs. experts in February 2015, which led to information from Xarelto’s label to ade- Much like the conclusion reached by later summary judgement on more than quately warn physicians about the sever- the Superior Court in June, the supervis- 2,000 pending cases. On appeal in July ity and magnitude of Xarelto’s risk. For ing judge in Philadelphia County ruled in 2017, Judge Nelson’s decision was instance, Xarelto’s label still fails to December that Ethicon’s work with reversed, finding that he had applied “too inform physicians that patients taking Secant meant out-of-state Plaintiffs can narrow” of an analysis in excluding Xarelto and aspirin together experience a bring mesh claims in Pennsylvania. That these experts. 93 percent increased risk of major bleed- decision is also on appeal to the Supe- In its recent Accutane decision, the ing compared to taking Xarelto alone. rior Court. New Jersey Supreme Court reversed the Xarelto’s label also fails to warn physi- Hammons is represented by Charles prior decision by the Court of Appeals, cians about Xarelto’s significant inter- “Chip” Becker, Shanin Specter, Michelle finding that the Daubert factors could be patient variability, meaning that some Tiger, Lee Balefsky, Kila Fickes and Ruxan- considered by the trial court when per- patients have drastically more drug in dra Laidacker of Kline & Specter PC, and forming the “gatekeeper” role of deter- their system, exposing them to higher Adam Slater of Mazie Slater Katz & mining admissibility of expert testimony. bleeding risk than other patients who Freeman LLC. The case is Patricia Although the court stopped short of take the exact same dose. Hammons v. Ethicon Inc. et al. (case declaring itself a Daubert jurisdiction, it Although standard laboratory tests are numbers 1522 EDA 2016 and 1526 EDA did refine its standards of analysis such available to measure the amount of 2016) before the Pennsylvania Supe- that, moving forward, parties wishing to Xarelto in a patient’s blood to ensure rior Court. present expert testimony in New Jersey proper dosing, Xarelto’s label continues to courts will have to determine how this tell physicians that monitoring Xarelto’s Source: Law360.com decision applies to their own experts’ effect on patients’ blood is not possible. methodologies and findings. That claim directly contradicts the Source: Law360.com Xarelto label in Canada and Europe, New Jersey Supreme Court Refines Expert putting U.S. physicians at a disadvantage Standards and exposing U.S. patients to greater risks of serious and fatal bleeding while In a much-anticipated decision, the A Report On Changes To Xarelto’s Label taking Xarelto. New Jersey Supreme Court issued an Approximately 20,000 lawsuits have opinion on Aug. 1 addressing the admissi- Recent changes to Xarelto’s label aim to been filed by individuals who have suf- bility of expert testimony in the Accutane improve patient safety, but fall well short fered serious bleeding events while taking litigation. An understanding of the impact of adequately warning physicians and Xarelto. A dedicated team of Beasley Allen of this decision requires a review of the patients of the significance and magni- lawyers continues to work diligently in procedural history. Beginning in 1923, in tude of Xarelto’s risks. In October 2017, both the federal and state court Xarelto the United States many courts followed a Janssen and Bayer amended Xarelto’s label litigations to advance the interest of all “general acceptance” standard for evaluat- to include a lower dose for the prevention individuals who have suffered serious ing the reliability of expert testimony—a of recurrent venous thromboembolism medical complications from Xarelto. standard established in Frye v. United (VTE). This change came after a new clin- If you have any questions about the States, 293 F. 1013 (D.C. Cir. 1923). In ical trial, EINSTEIN-CHOICE, showed that Xarelto litigation, contact Joseph Van- 1991, the New Jersey Supreme Court the 10mg dose of Xarelto was safer than

JereBeasleyReport.com 15 Zandt or Sonny Wills, lawyers in our Mass verdict. Subsequently, the U.S. Supreme by letting pilots accrue sick leave when Torts Section, at 800-898-2034 or by email Court refused to review the case. they took leave for bereavement, union at [email protected] or The Plaintiffs seemed to have run out of duty and jury duty, but not when they [email protected]. legal options until a 2009 SCOTUS ruling went on STML. It’s claimed that the involving the coal-mining corporation company also violated the law by not Massey Energy found that judges need to telling workers how much they would recuse themselves in cases involving their have earned for purposes of 401(k) IX. top campaign donors. That ruling pro- matching had they not taken leave. For AN UPDATE ON vided the State Farm class action a path example, if a pilot earned $150,000 in a forward, and Judge Karmeier, who has given year, but would have earned SECURITIES been the court’s chief justice since 2016, $155,000 had he or she not taken leave, INSURANCE AND was to be called as a witness in the the pilot did not know the company FINANCE latest trial. would match up to a certain percentage Sources: Insurance Journal and Bloomberg of the larger figure. LITIGATION The pilots, whom the motion says number as many as 2,000, will be paid retirement contributions based on how State Farm Pays $250 Million To Settle X. long they spent on STML for each year Civil Racketeering Suit EMPLOYMENT AND between 2001 and 2013, when the company started telling workers about State Farm has agreed to pay $250 FLSA LITIGATION their full matching eligibility. They will million to settle civil racketeering allega- also be given all the sick leave they should tions brought by a class of Plaintiffs alleg- have earned dating back to 2008 and most ing the insurer worked to rig the Illinois $19 Million Settlement In Southwest Pilots’ of the leave they should have earned Supreme Court with a judge who would Military Leave Suit between 2001 and 2007, according to vacate a $1 billion jury verdict from 1999. the motion. The nation’s largest auto insurer moved Southwest Airlines Co. has agreed to Southwest says the sick leave portion of to settle the case just before the start of make nearly $6 million in retirement pay- the settlement is worth far less than the opening statements in the racketeering ments and provide sick leave potentially $13 million-plus the workers estimate trial Sept. 4 in an Illinois federal court. worth more than $13 million to settle a because they can only use it while sick The Plaintiffs, who are the same Plaintiffs suit in a California federal court alleging it and cannot cash out unpaid benefits at who filed the original suit two decades denied benefits for brief spurts of military retirement. Many retired pilots will be ago, sought as much as $8.5 billion service to a proposed class of as many as paid $1,000 in exchange for their sick in damages. 2,000 pilots. The settlement, described in leave claims, while “a small subset” who Under the federal Racketeer Influenced a motion for settlement approval and con- have opted to use unpaid sick time to and Corrupt Organizations (RICO) Act, ditional class certification, will resolve extend their health care coverage through any damages would have automatically claims Southwest violated the Uniformed a company policy will be paid in benefits. been tripled, so it’s likely State Farm Services Employment and Reemployment The Northern District of California is played chicken with the impending trial Rights Act (USERRA) by not letting pilots urged to approve the settlement. The pro- until it got spooked by the risk of another accrue sick leave while on short-term mil- posed class is valid and the deal is fair, the verdict against it, legal analysts observed. itary leave (STML) and by not disclosing pilots argue. In 1999, an Illinois state court jury to workers the extent of their benefits The workers are represented by Peter awarded the Plaintiffs more than $1 under a 401(k) matching program. Romer-Friedman, Jahan Sagafi and Rachel billion for breach of contract. The State USERRA bars employment discrimina- Dempsey of Outten & Golden LLP, Farm customers alleged that for more tion against military service members and Thomas Jarrard of the Law Office of than a decade, the insurer arranged to veterans. The settlement includes a $5.8 Thomas Jarrard PLLC and Matthew Crotty have vehicles repaired with generic parts million settlement fund designed to make of Crotty & Son Law Firm PLLC. The case of lower quality than the original compo- workers whole for unpaid retirement con- is Huntsman v. Southwest Airlines Co. nents in violation of their insurance tributions. It also makes Southwest (case number 3:17-cv-03972) in the U.S. policies. provide workers the sick leave they District Court for the Northern District of State Farm appealed the verdict—the should have accrued for time spent on California. STML, which refers to periods of military largest class action award in U.S. history— Source: Law360.com and then proceeded to secretly spend leave lasting up to two weeks. more than $3.5 million on the election Peter Romer-Friedman of Outten & campaign of Judge Lloyd Karmeier to the Golden LLP, a lawyer for the workers, said Illinois Supreme Court. State Farm pulled the sick leave provision is worth more this off by funneling money through advo- than $13 million if workers use it. cacy groups that didn’t disclose donors. However, Southwest disputes this That investment paid off for State Farm. valuation. Judge Karmeier, a Republican, was The suit, filed in July 2017 by pilot and elected to the state’s highest court. A year Air Force Reserve member Jayson Hunts- later the court threw out the State Farm man, said the company violated USERRA

16 BeasleyAllen.com XI. Technologies LLC and The Structural workers were in the process of adjusting Group of South Florida Inc. post-tensioning cables before the PREMISES OSHA’s investigation, which focused on bridge failed. LIABILITY UPDATE worker safety issues related to the March The bridge had not yet opened to 15 accident near the campus of Florida pedestrians, but traffic flowed freely International University (FIU), found that underneath on the day of the collapse. the companies failed to protect their Earlier in the day on March 15, a Figg engi- Jury Awards $44 Million For Beaumont employees after signs of a potential col- neer reviewed a report of cracks in the Refinery Death lapse arose. The violations included structure and concluded there were no A jury in Jefferson County, Texas, has exposing employees to risk of falling or safety concerns, according to a complaint awarded $44 million to the family of being crushed and allowing multiple filed by two insurers for the engi- Miquel Barron, the worker who was killed employees to connect to an improperly neering firm. at Beaumont’s Exxon Mobil refinery two installed lifeline. OSHA Regional Adminis- The OSHA penalties could be just the years ago. The wrongful-death lawsuit, trator Kurt A. Petermeyer said in a first in a series for the involved parties. filed in state District Court, alleged that statement: The National Transportation Safety Board Exxon Mobil Oil Corp., B&G Crane is leading the investigation into the col- Collectively, these employers failed lapse. At least 15 civil lawsuits have been Service, LLC and AltairStrickland, LLC to take appropriate action and were all responsible for the 37-year-old filed against the various companies. The provide the necessary protections to claims against the builders, engineers and man’s death. their employees while they were Prior to the trial, in April AltairStrick- others involved with the bridge has been working on the bridge on the day it estimated to be between $500 million and land and Exxon Mobil settled with the collapsed. family, with the terms being confidential. $1 billion. The trial involved only B&G Crane A construction worker who was on the Source: Law360.com Service, which will be responsible bridge when it fell was among the six for paying 45 percent of the $44 people who died in the collapse. The million awarded. other victims were all in their cars Gas Line Explosions Are A National Miguel Barron and his two brothers, stopped at a red light under the bridge. Problem Hector and Jorge, were employed by Several others individuals suffered AltairStrickland and they were working at varying degrees of injuries, including Utility companies supply natural gas to the refinery during turnaround opera- several workers. millions of homes across the United States tions. Sadly, the two brothers watched Figg was the designer of the bridge, every single day. Accidents caused by Miquel die. The men were working MCM was its lead builder, Bolton Perez problems in the delivery of natural gas together on the same crew when Miguel provided construction and engineering happen regularly. Significant gas leaks was hit by a heavy pipe that fell from inspection services, Structural Technolo- that result in injury, death, and serious overhead. Miguel left behind three daugh- gies specializes in post-tensioning in property damage happen about 286 times ters and his parents. bridges and buildings and The Structural per year, resulting in an average of $133 Due to deficiencies in Exxon’s rescue Group of South Florida specializes in con- million in property damage annually. plans, Exxon’s on-site medics were not crete form work. The companies had 15 The gas line explosions problem was able to reach Miguel Barron within a rea- business days to respond or contest the brought to the attention of the public sonable time to render initial first aid. The findings and proposed penalties before recently after a series of blasts outside death was caused by “negligence” on the the independent Occupational Safety and Boston, Massachusetts. One person was part of the three companies. Bryan C. Health Review Commission. killed and more than 20 others injured. At Alfred, a lawyer with Vujasinovic & The pedestrian bridge was supposed to least 70 locations across four cities Beckcom LLP, in Houston, Texas, repre- provide a safe way to connect FIU stu- reported fires, explosions, and strong gas sented the Plaintiffs in the case. dents who live in apartments across odors, making it the largest U.S. gas line Southwest Eighth Street—which is eight accident in nearly a decade. More than lanes wide at that point—to the campus 8,600 other area residents had their elec- OSHA Fines Contractors For Deadly after pedestrians had been killed trying to tricity shut off or were forced to evacuate Bridge Collapse In Florida cross the street in recent years. The their homes shortly after the first explo- project was a recipient of an $11 million sions. Some were without gas service for a Five contractors who worked on the grant from the U.S. Department of Trans- week while safety checks were being design and construction of a pedestrian portation in addition to $2.2 million in completed on their properties. bridge that collapsed in Miami in March, other federal funding, $2.9 million in Industry experts and state officials killing six people, have been issued cita- local funding and $57,000 from the investigating the explosions initially iden- tions and fines by the federal Occupa- Florida Department of Transportation. tified over-pressurization of aging gas tional Safety and Health Administration The innovative concrete bridge was lines belonging to a local utility as the (OSHA). The agency issued seven viola- being built using a technique known as cause of the explosions. In Massachusetts tions and a total of $86,658 in proposed accelerated bridge construction, which and other states across the country, some penalties against Figg Bridge Engineers involved building the span on the side of local gas distribution and service lines are Inc., Munilla Construction Management Eighth Street and then moving it into nearly a century old and made of cast and LLC, Bolton Perez & Associates, Structural place. The bridge had been installed less wrought iron. Many utility companies than a week before the collapse and stopped using iron pipes in the 1950s in

JereBeasleyReport.com 17 favor of safer materials such as steel or tion. It is the public manifestation of the opportunities to prevent the assault but durable plastics. Clery Act, one law that helps regulate failed to do so. The national governing Gas explosions are typically caused by a campus security. body eventually closed the chapter and combination of three simple factors: The Clery Act mandates that colleges shuttered the fraternity house following leaks, ignition and confinement. When and universities receiving federal funding the incident. lines carrying gas become damaged from provide a public annual security report In 2009, lawyers at Beasley Allen repre- over-pressurization, corrosion or other (ASR) to employees and students every sented a Plaintiff injured at a different causes, they leak gas into the air. Even Oct. 1 and must include data about chapter house for the same fraternity and when gas lines are buried underground, campus crime for the previous three cal- for similar claims—failing to provide gas can seep into homes through cracks endar years, as well as information about proper and adequate security. The firm in the building’s foundation. After this efforts taken to improve campus safety. It represented Taylor G. Jones, who was happens, a small spark from ordinary was enacted in 1990 in honor of Jeanne injured at the Auburn University chapter household items and fixtures can be Clery who was raped and murdered of Sigma Phi Epsilon fraternity. enough to ignite a fire and cause an explo- in her college dorm in 1986 and is While student organizations promote sion. The explosions are particularly intended to provide transparency about fun and encourage students to enjoy severe when a large amount of gas is con- campus security. college life, it is important they also centrated in a small area. Additionally, higher-education institu- uphold their duty to protect their patrons A class action lawsuit has been filed tions, similar to other establishment and guests. against NiSource Inc. and its subsidiary, owners, are also governed by premises Sources: Clery Center, Clarion Ledger and Columbia Columbia Gas of Massachusetts, arising liability law. The law requires establish- Tribune out of the gas explosions mentioned ment owners to ensure the premises are above. The lawsuit, filed in Massachusetts reasonably safe and secure from antici- state court, seeks to hold the utility pated dangers. If establishment owners company responsible for the explosions. fail to take reasonable safety measures XII. It’s alleged in the lawsuit that the corpo- they risk exposing guests to violent acts, WORKPLACE rate Defendants have taken no action such as shootings, fights, stabbings, or despite knowing last October that there other physical violence (including sexual HAZARDS were 150 leaks in the distribution system assault) where severe injury or death can that needed fixing and that there were a occur. When this happens, the establish- huge number of shoddy pipes that also ment owner, as well as those contractors Lawsuit Filed In Louisiana Over Forklift needed to be replaced. It’s alleged that charged with security, may be held Fatality antiquated infrastructure, a lack of leak responsible for the injuries suffered by Plug Power, a Latham, New York, fuel prevention and inadequate safety prac- individuals or groups of individuals on cell manufacturer, was named as one of tices led to the explosions. the premises. the Defendants in a lawsuit against six Beasley Allen lawyers have experience Campus security involves more than companies following the May death of a handling cases involving gas line explo- the active shooter scenarios that immedi- Procter & Gamble employee who was sions. If you have questions, contact Cole ately come to mind because of school riding a forklift powered by a Plug Power Portis, who heads up our firm’s Personal mass shootings that often grab headlines. fuel cell. The lawsuit was filed by eight Injury & products Liability Section, at Schools and even third-parties such as th individuals in the 9 Judicial District 800-898-2034 or by email at Cole.Portis@ Greek and other social organizations Court, Rapides Parish, Louisiana, accord- beasleyallen.com. should be aware that they can also be ing to a document filed by Plug Power A few safety tips can help keep you safe held accountable for the harm that occurs with the U.S. Securities and Exchange from harm. If you smell gas in your home, at parties or other events they sponsor. Commission (SEC). check to see if your gas-burning appli- For example, six people who were shot William Allen Kendrick, 56, was operat- ances are turned off. If all appliances are while attending a fraternity party at ing a forklift at a Procter & Gamble plant off and the smell persists, then the best Jackson State University in Mississippi in in Pineville, Louisiana. At around 3:00 practice is go outside and call emergency 2016 recently filed a lawsuit against the a.m. on May 24, the forklift exploded and responders. Upsilon Epsilon Chapter of Omega Psi Phi caught fire, causing the worker’s death. Fraternity. The victims’ lawsuit claims No one else was directly injured in the there was inadequate security at an unsu- accident; however, six people sought pervised party hosted by the fraternity A Review Of Safety On College Campuses treatment for ringing ears or physical dis- and promoted as “open-invitation” on tress. The lawsuit alleges claims against As college students across the country social media and other means. Plug Power and the five corporate co- resumed classes this year, safety advo- Similarly, two University of Missouri Defendants for defect in construction and cates highlighted the importance of safety freshmen filed a lawsuit in March seeking composition, design defect, inadequate on campus during September—National to hold the campus chapter of the Sigma warning, breach of express warranty and Campus Safety Awareness Month Phi Epsilon fraternity accountable for neg- negligence. (NCSAM). Throughout the month, advo- ligence and three of its members liable for Plug Power makes hydrogen-powered cates and higher education institutions assault during an incident that occurred fuel cells used to power forklifts in ware- participated in activities that encourage a in September 2017. The students claim houses and distribution centers. Fuel cells public conversation about important that Sigma Phi Epsilon Fraternity Inc., the are seen as an alternative to lead-acid bat- safety topics, including violence preven- national governing organization, had teries. The fuel cells replace lead-acid bat-

18 BeasleyAllen.com teries in the forklifts that often need to be cost the life of our client’s husband. Air- jewelry. The individual was reportedly changed out and replaced for recharging. craft are complex but, sadly, this tragedy exposed to asbestos from mixing asbestos On the other hand, Plug Power’s fuel cells doesn’t involve some complex mechanical powder with plaster of paris and water to can be refueled with hydrogen, a process failure. Rather, it rests on the Defendants’ create soldering forms and then rubbing that is much quicker, getting the vehicles failure to exercise even the smallest the dry forms together to eliminate blem- back into service. Plug has shipped more amount of diligence in inspecting and ishes. [Kern, et al, Malignant Mesotheli- than 20,000 fuel cell units to dozens of replacing the pilot’s oxygen system—his oma in the Jewelry Industry, Am. J. of customers including Amazon.com Inc., lifeline. The Defendants robbed Michael Industrial Medicine, 21:409:416 (1992)] Walmart Inc. and Nike. Moir and his family of a future together Finally, science teachers may also have Source: Albany Business Review and they must be held accountable for been exposed to asbestos from their work their wrongdoing. with Bunsen burners. Media reports from The complaint includes counts of negli- the United Kingdom show that gauze gence, wantonness, fraud, willfulness, mats used with Bunsen burners contained XIII. recklessness and wrongful death and is asbestos at least as far back as 1976. TRANSPORTATION filed in The State Court of Lapeer County, The prevalence of asbestos in seem- Michigan. Mike Andrews from our firm is ingly innocuous products remains today. handling this case, along with local co- Many mesothelioma patients report that counsel Alan Wittenberg of Lopatin & their only possible exposure to asbestos Beasley Allen Files Wrongful Death Wittenberg. was from the use of talcum powder prod- Lawsuit On Anniversary Of Pilot’s Death Sources: National Transportation Safety Board ucts including Johnson & Johnson Baby On Sept. 10, 2015, Michael Moir took Powder and Shower to Shower products, off from Gaylord Regional Airport in which have been shown to be contami- Gaylord, Michigan, headed to Atlantic nated with asbestos. City, New Jersey. The National Transpor- XIV. For more information about mesotheli- tation Safety Board (NTSB) explained that TOXIC TORT oma claims or any asbestos-related ill- approximately 16 minutes into the flight CONCERNS nesses or products, contact Beasley Allen Moir read back the assigned altitude mesothelioma lawyer Sharon J. Zinns at instructions from an air traffic controller [email protected]. Sharon and that was his last response during the is in our Atlanta office and can be reached flight. The aircraft was equipped with Asbestos Can Be A Real Problem In White by phone at 800-898-2034. Her focus has autopilot, and radar data showed that it Collar Professions been in this area of concern and she has remained at the altitude Moir had set successfully handled a large number of After being diagnosed with mesotheli- prior to his last communication with air mesothelioma cases. oma, many of our clients who work in traffic control until approaching its white-collar jobs wonder how they could destination. have been exposed to asbestos when they Approximately five miles northwest of New Jersey Is The First State To Adopt PFC have never worked a job traditionally the intended destination the aircraft Regulations associated with asbestos exposure such as began descending until it impacted the an insulator or automotive mechanic. Atlantic Ocean. Moir’s body and the air- Previous issues of the Report have dis- Many individuals have been exposed to craft remains were recovered by the U.S. cussed the ongoing crisis impacting our asbestos even through seemingly harm- Coast Guard days later. When recovered, nation’s drinking water. Perflourinated less jobs. For example, dentists and perio- Moir was wearing the oxygen mask that chemicals (PFCs) have been found in 28 dontists have been likely exposed to was connected to the oxygen system on percent of water systems nationwide that asbestos from their work. Asbestos was the aircraft. A post-crash inspection serve more than 10,000 customers. This is found from the 1930s until at least the revealed a loose fitting in the oxygen line significantly higher than the 4 percent 1970s in the lost-wax method of casting allowed the oxygen to escape the canister originally reported by the U.S. Environ- crowns, bridges, and other dental pros- more quickly than Moir anticipated. mental Protection Agency (EPA) in 2016 thetic devices. [Markowitz and Moline, Records show that Lapeer Aviation, and means that millions more Americans Malignant Mesothelioma Due to Asbes- Inc., was responsible for maintaining could unknowingly be exposed to some tos Exposure in Dental Tape, Am. J. of Moir’s Mooney M20T aircraft and failed to levels of PFOA and PFOS, the two most Industrial Med. January 2017.] Asbestos properly inspect and replace the aircraft’s well-known PFCs. was also used in periodontal packings oxygen tank. Deprived of oxygen, Moir These unregulated chemicals were and dressings for some time. Those dress- experienced hypoxia before becoming tested by the EPA between 2013 and 2015 ings were made from a powder that was unconscious. The aircraft, which was set as part of the Third Unregulated Contami- mixed and hardened before being on autopilot, continued to fly across the nant Monitoring Rule. Until recently, applied. [Report of Councils and Bureaus, country with its unconscious pilot until studies have focused mostly on PFOA and Hazards of Asbestos in Dentistry, J it crashed. PFOS, which have been linked to a of American Dental Assoc., Vol. 92, Beasley Allen lawyers filed a wrongful number of health problems including tes- April 1976.] death lawsuit on behalf of the pilot’s ticular cancer, kidney cancer, ulcerative Jewelers may also have been exposed widow, Jean Moir, against Lapeer. There is colitis, thyroid disease, high cholesterol, to asbestos. At least one article attributes no justification for the Defendant’s con- and pregnancy-induced hypertensions. asbestos exposure to work soldering scious disregard and indifference that Consequently, the EPA set a lifetime

JereBeasleyReport.com 19 health advisory of exposure to PFOA and the bone marrow and are an important early next year. Because Judge Chhabria is PFOS at 70 parts per trillion (ppt). part of the immune system. The study, presiding over the MDL, the bellwether This level, however, may still be too titled Pooled study of occupational expo- cases need to have been filed in the high based on a report released by the sure to aromatic hydrocarbon solvents Northern District of California; so far, U.S. Agency for Toxic Substances and and risk of multiple myeloma (De Roos only four potential Plaintiffs have been Disease Registry recommending that the AJ, Spinelli J, Brown EB, et al. Occup identified, each of them with potentially advisories be lowered to 7 ppt for PFOS, Environ Med Epub.) was based on pooled terminal medical conditions. 11 ppt for PFOA and PFNA, and 74 ppt for data of 2,854 cases and 10,743 controls The MDL court asked that any Plaintiff PFHxS. Prior to the report’s release, from nine different studies. who is a California resident or who filed several states proactively set their own Benzene is a carcinogen that has been suit in California to alert him if their case advisory levels lower than the EPA’s initial long known for its relationship with acute could be transferred to the Northern Dis- 70 ppt limit. myeloid leukemia; however, its associa- trict as an additional potential bellwether Last year, New Jersey announced it tion with other lymphohematopoietic case. However, any such venue change would issue a standard of 14 ppt for PFOA cancers was less clear. Several previous raises potential jurisdictional issues and 13 ppt of PFNA. It has now become studies and meta-analyses had observed because the U.S. Supreme Court’s 1998 the first state to adopt regulations that an association between benzene expo- Lexecon ruling holds that a judge han- require drinking water suppliers to sure and risk of multiple myeloma, but the dling pretrial motions in an MDL can’t monitor for these chemicals, include read- evidence had been inconsistent. Other transfer cases into his jurisdiction ings in the consumer confidence report aromatic hydrocarbon solvents, such for trial. issued to customers annually, and to as toluene and xylene, had been studied Judge Chhabria indicated that he would remove these chemicals if they are tested very little as potential human car- take briefing from both sides on the issue, above these levels. In response, water cinogens. and would also require all California- systems in New Jersey have had to install The current study’s findings showed based Plaintiffs to file briefs stating additional filters capable of removing that the results for toluene and xylene whether they were exposed to Roundup these chemicals or switch to alterna- were consistent between the studies in the Northern District of California, tive wells. included in the pooled analysis and in whether they were ever treated for their Lawyers in our firm, along with Roger various subgroups of the study popula- cancer in that district, whether their case H. Bedford of Roger Bedford & Associates, tion, including men and women, and might have been properly filed there, and have filed lawsuits on behalf of the water older and younger persons. For all three if they’d be willing to go to trial in San systems in Gadsden and Centre, Alabama. solvents, associations with multiple Francisco. These complaints allege that carpet and myeloma were strongest for exposures If you would like more information textile companies, manufacturers, and occurring within 20 years of diagnosis. about these cases, you can contact Grant chemical suppliers located upstream in This study provides important evidence Cofer, a lawyer in our Toxic Torts Section. Dalton, Georgia, are responsible for con- for the role of aromatic hydrocarbon sol- He can be reached at 800-898-2034 or by taminating the Coosa River and Weiss vents, such as benzene, toluene, and email at [email protected]. Lake. The lawsuits were filed to ensure xylene, in the causation of multi- that these entities, not ratepayers in ple myeloma. Gadsden and Centre, would pay to decon- John Tomlinson, a lawyer in our firm, is General Mills Drops “100% Natural” taminate their drinking water. currently investigating other benzene- Labeling After Roundup Detected in Cereal Beasley Allen lawyers are investigating related exposure cases. If you need more Bars other PFC contamination cases. If you information on this contact John at 800- have any questions about this subject, 898-2034 or by email at John.Tomlinson@ General Mills has agreed to remove contact Rhon Jones, Rick Stratton, or beasleyallen.com. “Made with 100% Natural Whole Grain Ryan Kral, lawyers in our firm’s Toxic Source: Occupational Environmental Medicine Oats” from the labels of its Nature Valley Torts Section, at 800-898-2034 or by email granola bars as part of a settlement in a at [email protected], Rick. lawsuit over the presence of glyphosate in [email protected], or Ryan. Roundup MDL Bellwether Trials to Take its food products. The suit was filed by [email protected]. Place Early 2019 three consumer groups following recent Source: Cape May County Herald independent testing that revealed the U.S. District Judge Vince Chhabria, pre- presence of glyphosate in a number of siding over the nearly 900 Plaintiffs com- common food products. The Nature New Study Shows Connection Between prising the federal multidistrict litigation Valley granola bars in question were Solvents And Risk Of Multiple Myeloma (MDL) over claims that Monsanto’s found to contain upwards of 0.45ppm of Roundup weed killer causes cancer, has glyphosate, and the oats were the “most A new study funded by the National determined that the first bellwether trial likely” source of the chemical contamina- Institute of Environmental Health shows will occur on Feb. 25, 2019, with the tion. The independent testing also found that exposure to the aromatic hydrocar- second trial to occur on May 6. However, that Cheerios and Quaker Oats contained bon solvents benzene, toluene, and at a recent case-management conference, similar amounts of glyphosate. xylene was associated with increased risk Judge Chhabria asked the Plaintiffs to While the Environmental Protection of multiple myeloma. Multiple myeloma is identify additional potential bellwether Agency has guidelines that allow for a a cancer formed by malignant plasma cases to ensure there were sufficient maximum of 30 ppm glyphosate to be cells. Normal plasma cells are found in options remaining before the court by found in food such as granola bars, the

20 BeasleyAllen.com suit alleged that the labels were deceptive XV. Our lawyers are currently investigating because no reasonable consumer would other cases where residents have been expect bars labeled “100% Natural” to UPDATE ON injured or died as a result of suspected contain anything unnatural. The word NURSING HOME negligent care, abuse or neglect by “natural” does not have a set legal nursing homes or other long-term care meaning on food labels, creating a loop- LITIGATION facilities. hole that can allow for deceptive market- ing tactics that can confuse consumers into buying unhealthy products. This set- Nursing Home Resident Severely Injured In How To Monitor The Care Of A Loved One In tlement comes 13 days after a San Fran- Fall In An Alabama Nursing Home A Nursing Home cisco jury awarded a groundskeeper $289 million in a suit alleging that his exposure Falls among residents of nursing homes Long-term care facilities aren’t immune to Monsanto’s Roundup weed killer are the leading cause of injury, hospital to negligent care, abuse, or neglect. Most caused him to develop non-Hodgkin’s admissions, and lawsuits for nursing nursing homes receive federal funding lymphoma. home operators. According to the Centers from Medicare. As a result, they must If you would like more information for Disease Control and Prevention meet a number of Federal regulations; about these cases, you can contact Grant (CDC), as many as 75 percent of elderly those include honoring resident rights. Cofer, a lawyer in our Toxic Torts Section, nursing home residents suffer at least one For example, “A facility must treat each who can be reached at 800-898-2034 or fall each year—this rate is twice as high as resident with respect and dignity and care by email at Grant.Cofer@beasley- the rate of falls among elderly people for each resident in a manner and in an allen.com. living in the community. In fact, nursing environment that promotes maintenance homes report 100 to 200 falls each year or enhancement of his or her quality of per 100 facility beds. Approximately 20 life, recognizing each resident’s individu- percent of nursing home falls result in Colorado Sues Oxycontin Maker ality.” It’s important for residents and fam- serious injury. ilies to know their rights. Colorado is one of the latest states to Nursing home falls occur for a variety When looking out for the best interests file a lawsuit against Purdue Pharma L.P., of reasons, some of which relate to of a loved one, there is no substitute for the maker of prescription painkiller Oxy- patient factors while others relate to visiting them. “The No. 1 thing to do is to contin. Attorney General Cynthia failure of the facility to provide proper visit as many times, and at different times, Coffman accused Purdue Pharma of vio- assistance to residents or to maintain the as possible,” says Robyn Grant, director of lating the state’s consumer protection facility in a manner that minimizes the public policy and advocacy for The law, saying the company ignited the epi- risk of resident falls. National Consumer Voice for Quality demic through “fraudulent and deceptive Safety experts have said that falling is Long-Term Care. Ms. Grant recommends: marketing of prescription opioids.” not a normal part of aging and the risk of “Vary the time of day that you go in.” In Roughly 1,012 Coloradans died from falling can be minimized by nursing addition to daytime visits, she says to visit drug poisoning in 2017. Of those deaths, homes utilizing several proven ways to in the evenings, on weekends and holi- 373 were from prescription opioids. In reduce falls. Despite these known ways to days. Because if the facility is under- 2016, 912 people died from drug poison- reduce the instances of resident falls, staffed, those are particular times when ing, including 300 from opioid medica- nursing home falls by residents continue you will see that. tions, according to data from the Colorado to happen at alarming rates. Should an issue arise, the first step is to Department of Public Health and Lawyers in our firm are fighting to take it up with the nursing home. Nursing Environment. protect the safety and rights of nursing homes are required to have an official As the epidemic has continued to hit home residents by representing the grievance procedure and residents, or communities big and small, state govern- injured in litigation to hold long-term care their advocates, should be made aware of ments have responded to the crisis by facilities accountable for their acts of neg- the procedure. According to regulations, filing lawsuits against the pharmaceutical ligent care, abuse, and neglect. Recently, the nursing home must respond in writing companies responsible for making and the firm filed a lawsuit on behalf of an to every complaint. marketing opioids. Cities and counties Alabama nursing home resident who suf- If a response is not received, is not suf- also have turned to suing the companies, fered severe injuries as a result of falling ficient, or the problem is not resolved, claiming they are to blame for the rise in in a DeKalb County nursing home. residents and their loved ones can contact overdoses and deaths from opioids. The complaint, filed in DeKalb County, the state agency responsible for inspec- The goal of such lawsuits is to reach Circuit Court, alleges that our client was a tions or their state ombudsman program. settlements that will enable government known fall risk and despite this knowl- Every state has a long-term care ombuds- entities to direct funds toward resources edge, Collinsville Nursing Home failed to man program, and they act as advocates that will help communities combat the take the proper precautions to prevent for residents in nursing homes and other crisis, such as for treatment services. If her fall, or to take measures to minimize long-term care facilities. you need more information on this her injury from a fall. Because of her fall, Ombudsman programs receive quite a subject, contact Will Sutton, a lawyer in our client suffered a broken hip causing range of complaints, says Amity Overall- our Toxic Torts Section, at 800-898-2034 her tremendous pain and requiring Laib, director of the National Long-Term or by email at William.Sutton@beasley- surgery. Her prognosis leaves little hope Care Ombudsman Resource Center. “The allen.com. that she will be able to regain top complaint across the country, for at her mobility. Source: Denver Post least the last five years, has been related

JereBeasleyReport.com 21 to discharge or eviction from the nursing XVI. 80 percent of the class. It was noted that home,” she says. “The second most third-party payers tend to wait until close common complaint is failure by staff to An Update On to the deadline and that was borne out by respond to a resident’s request for assis- Class Action the experience of most of the lawyers tance—like when the resident would use involved in the litigation. Judge Orrick a call light to request help.” The third Litigation capped off the hearing by telling all the most common complaint last year was lawyers involved in the case: “It has been related to staff attitudes, “basically not a pleasure to have read what you write treating residents with dignity and Two Lidoderm Class Action Settlements and listen to what you say. For me, this respect and providing individualized Valued At $271 Million Get Final Approval was a fascinating case and it was very care,” Ms. Overall-Laib says. well-litigated by all.” Ms. Grant recommends that even A California federal judge has approved The direct purchaser Plaintiffs are rep- before an issue arises, be proactive in what are described as “excellent” settle- resented by Faruqi & Faruqi LLP, Hagens speaking with nursing home staff to ments and which end claims that Teikoku, Berman Sobol Shapiro LLP and Garwin ensure your loved one has a well-devel- Endo and Actavis violated antitrust laws Gerstein & Fisher LLP. The end payor oped care plan. Insist on speaking to staff by stalling the release of a generic form of Plaintiffs are represented by Girard Gibbs in different departments who interact the Lidoderm pain patch. The court’s LLP, Cohen Milstein Sellers & Toll PLLC, with your loved one, including those who appeal finalizes a $104.75 million settle- Heins Mills & Olson PLC, Shadowen LLP, provide care, like nurses, CNAs, dieti- ment with end payors and a $166 million Miller Law LLC, Motley Rice LLC, Robbins tians, and physical therapists. It is also settlement with direct purchasers, includ- Geller Rudman & Dowd LLP, Cohen Pla- helpful to link up with other families of ing a combined $85.6 million in attor- citella & Roth PC, Freed Kenner London residents in the facility, so you can neys’ fees. & Millen LLC, Glancy Prongay & Murry provide support and be each other’s eyes End payors included employee health LLP, Hach Rose Schirripa & Cheverie LLP, and ears to look out for family, and welfare benefit plans, unions or indi- Kohn Swift & Graf PC, Krause Kalfayan experts say. viduals who purchased the drug from Benink & Slavens LLP, Labaton Sucharow While certainly the best nursing homes third parties. Judge Orrich had this to say LLP, Law Offices of Robert W. Sink, Lock- should already be looking out for resi- about the settlement: ridge Grindal Nauen PLLP, Meredith & dents, experts say it’s an involved job and Narine, Pomerantz LLP, Shepherd Finkel- The settlement amount you it never hurts to have more eyes and ears man Miller & Shah LLP, Spector Roseman achieved is an excellent amount to ensure the safety of a loved one. & Kodroff PC, Weinstein Kitchenoff & and is certainly approvable. With Asher LLC, Wexler Wallace LLP and the Source: US News & World Report respect to the attorneys’ fees, you Joseph Saveri Law Firm Inc. undertook serious risk in this case The case is In re: Lidoderm Antitrust throughout the litigation. The law- Litigation (case number 3:14-md-02521) The Beasley Allen Nursing Home Litigation yering on both sides—but for now in the U.S. District Court for the Northern Team I’m just talking to you, because District of California. your money was on the line—was Lawyers in our firm continue to fight to excellent. This case involved compli- Source: Law360.com protect the safety and well-being of cated and novel legal issues. nursing home residents in facilities around the country. Our nursing home The litigation, consolidated in 2014, $480 Million Wells Fargo Securities lawyers represent the victims or families centered on claims that Teikoku Pharma Settlement Gets Initial Approval of those who have suffered death or USA Inc. and Endo Pharmaceuticals Inc. serious injury because of nursing home resolved an underlying patent suit against A California federal judge has certified abuse and neglect. The team of lawyers in Watson Laboratories Inc.—which a class of Wells Fargo shareholders who our firm handle nursing home litigation acquired Actavis Group, became Actavis have reached a $480 million settlement on a regular and recurring basis. Chris PLC, then acquired Allergan Inc. and with the bank. U.S. District Judge Jon Boutwell heads up the Nursing Home Liti- became Allergan PLC—with a $266 Tigar gave preliminary approval last gation Team; other members of the team million deal to stymie a generic version of month to the settlement that would end currently are Susan Anderson and Leah the blockbuster anesthetic. claims that Wells Fargo artificially inflated Robbins. Handling nursing home litiga- Purchasers asserted that the agree- its stock value by opening as many as 3.5 tion requires lawyers and support staff to ments amounted to illegal pay-for-delay million unauthorized customer accounts. have specific experience in this type case. arrangements that violated competition Judge Tigar said the suit met all the If you have suffered serious injury, a law. The settlements cover anyone who requirements for class certification, since loved one has been catastrophically purchased brand or generic Lidoderm all the potential class members’ claims injured or died, or you have any questions between August 2012 and May 2014, depend on whether the bank’s conduct about nursing home abuse and neglect, when an authorized generic version violated the Exchange Act. The class contact one of the team members at 800- finally came online after having allegedly members all allege the bank artificially 898-2034 or by email at Chris.Boutwell@ been delayed by seven and a half months. inflated the value of its stock, which then beasleyallen.com, Susan.Anderson@beas- At the hearing, end payor lawyer Dena dropped with revelations of Wells Fargo’s leyallen.com or Leah.Robbins@beasley- Sharp of Girard Gibbs LLP said that more practice of creating unauthor- allen.com. than 28,000 claims had come in so far, ized accounts. and that notice had reached an estimated

22 BeasleyAllen.com Five billion shares of Wells Fargo stock members can opt out before Wells Fargo ment will greatly enhance the EPPs’ on the market meant there were numer- is allowed to void the settlement. The ability to prosecute their claims ous class members, the judge said, and bank argued that hiding that number was against non-settling defendants or that allegations over the stock-price slump necessary to preventing shareholders any future non-settling defendants. “can be jointly resolved as to all class from threatening to break up the settle- members.” Judge Tigar said there was no ment, hoping to get a higher payout. The cases are part of an ongoing MDL evidence of collusion between class The class is represented by Salvatore J. filed after the U.S. Department of Justice counsel and the bank, and that the $480 Graziano, Adam H. Wierzbowski and (DOJ) launched its investigation into the million fund was “a good result for the Rebecca Boon of Bernstein Litowitz auto parts industry. The DOJ inquiry has class.” Judge Tigar said that if given final Berger & Grossmann LLP. Other Plaintiffs already resulted in more than $1 billion in approval the settlement would give class are represented by Robert D. Klausner fines. The MDL has been divvied into sep- members greater than 15 percent and Stuart A. Kaufman of Klausner arate proceedings for different automo- recovery. Kaufman Jensen & Levinson, and Shawn tive parts. Other parts makers have also The lawsuit, led by Union Asset Man- A. Williams, Aelish M. Baig and Jason C. settled with the consumer class. In April, agement Holding AG, alleged Wells Fargo Davis of Robbins Geller Rudman & Dowd Tokai Rika agreed to a $34.2 million set- executives adopted an aggressive cross- LLP. The case is Gary Hefler et al. v. Wells tlement to end claims over heating selling business model that emphasized Fargo & Company et al. (case number control panels, occupant safety restraint pushing multiple products on existing 3:16-cv-05479) in the U.S. District Court systems, switches and steering angle customers rather than attracting new cus- for the Northern District of California. sensors. Also in 2014, TRW Automotive Holdings Corp. agreed to pay $5.4 million tomers. To meet lofty sales targets, the Source: Law360.com bank’s employees opened millions of to settle over its safety systems. accounts for customers without their The motion in the case indicated the consent. In September 2016, the Los sealant class would take the lion’s share of Drivers Reach $44.8 Million Settlement the Toyoda Gosei settlement, raking in Angeles Times raised questions about the With Toyoda Gosei In Parts MDL practice, and the bank was soon hit with $27 million for customers who have bought the products since January 2000. $185 million in civil penalties by regula- Toyoda Gosei has agreed to pay $44.8 The occupant safety system and automo- tors on Sept. 8, 2016. Its stock price fell 9 million to end claims in multidistrict liti- tive hose classes will each get more than percent over the next week, closing at gation (MDL) it was part of a conspiracy $5.4 million for claims dating back as far $45.43 per share on Sept. 16, 2016. The to fix the prices of six types of auto parts, as 2003, and the interior trim class will securities suit was filed 10 days later. drivers told a Michigan federal judge last get $5 million for claims as early as 2004. In their class action complaint, share- month in their request for initial approval The constant velocity joint boot class will holders said Wells Fargo and its execu- of the class action settlement. The six pro- get about $716,000 for driveshaft parts tives spent years hyping the company’s posed settlement classes include custom- bought as early as 2006, and the remain- focus on persuading existing banking cus- ers who say the Japanese auto parts maker ing $659,000 will go to customers who tomers to sign up for new products like overcharged them for driveshaft housing, bought brake hoses after 2004. credit cards, mortgages and retirement interior trim, brake hoses, other automo- Toyoda has agreed to help identify the accounts, all while knowing that a “signif- tive hoses, sealants and safety systems make and model of vehicles that con- icant” number of the signups were fraudu- such as air bags and seatbelts. tained those parts. It will also identify its lent. The settlement between the bank The proposed class said in this motion employees and directors who were and anyone who bought its common that the settlement with Toyoda Gosei Co. accused of involvement in the price fixing stock between Feb. 26, 2014, and Sept. Ltd. and four of its subsidiaries—Toyoda and bid rigging scheme by the DOJ. 20, 2016, was reached in May. The settle- Gosei North America Corp., TG Missouri The end-payors are represented by ment would distribute about $381.5 Corp., TG Kentucky LLC and TG Fluid Cotchett Pitre & McCarthy LLP, Robins million between thousands of class Systems USA Corp.—was “meaningful and Kaplan LLP, Susman Godfrey LLP and the members based on the difference substantial.” Toyoda Gosei’s sales will still Miller Law Firm LLP. Toyoda Gosei is rep- between the inflated price they paid for be used to calculate damages against resented by Baker Botts PLLC. The cases the stock and the price they sold it for. other Defendants, and its cooperation will are In re: Automotive Parts Antitrust Liti- After costs and a proposed $96 million help the class litigate claims against other gation (case number 12-md-02311), In re: in attorneys’ fees are deducted from the companies, or encourage them to settle as Occupant Safety Systems—End-Payor settlement pot, the estimated recovery well. It was stated in the motion: price should be 35 cents per share, and Actions (case number 2:12-cv-00603), In claimants who stand to make less than Standing alone, the monetary recov- re: Automotive Constant Velocity Joint $10 won’t get a payout, according to court ery from Toyoda Gosei is remark- Boot Products ( case number 2:14-cv- documents. The settlement seeks a able, but the settlement is also 02903), In re: Automotive Hoses (case $10,000 service award for each of the five valuable to the [end-payor plain- number 2:15-cv-03203), In re: Body class representatives. The judge noted tiffs] in that it requires Toyoda Sealing Products (case number 2:16-cv- that was “double the presumptively rea- Gosei to provide comprehensive dis- 03403), In re: Interior Trim Products sonable amount,” but said it wasn’t a road- covery cooperation in the form of (case number 2:16-cv-03503) and In re: block to preliminary approval. … attorney proffers, interviews and Brake Hoses (case number 2:16-cv-03603) Judge Tigar also granted a motion to depositions of witnesses, and the in the U.S. District Court for the Eastern seal a confidential supplemental agree- production of certain documents. District of Michigan. ment that explains how many class Toyoda Gosei’s cooperation agree- Source: Law360.com

JereBeasleyReport.com 23 XVII. Our lawyers, staff and in-house acci- Heavy Truck Product Liability dent investigators immediately begin Claims—Tractor trailers and other ONGOING the important task of documenting heavy trucks are not required to LITIGATION AT and preserving the evidence. We contain many of the same protections would like to review any case involv- for occupants as smaller passenger BEASLEY ALLEN ing catastrophic injury or death. cars. They can contain dangerous Contact Chris Glover or Mike Crow at defects putting the truck driver or We are including in this issue an update 800-898-2034 or by email at Chris. passengers at risk of serious injury or on the significant litigation and investiga- [email protected] or Mike. death. These trucks many times have tions in the various areas of our practice [email protected]. particularly weak roofs that crush in that are currently ongoing. This update rollovers. The passenger compart- Defective Tires—Tire failure can ments are often not protected by will be set out for each of the firm’s result in a serious car crash and even sections. effective cab guards, and this allows a vehicle rollover accident, causing loads to shift into the truck cab. We serious injury or death to vehicle would like to review any case involv- Personal Injury & Products occupants. Air, heat and sunlight can Liability Section ing catastrophic injury or death. cause the rubber in tires to break Contact Ben Baker at 800-898-2034 Takata Airbag Recall—The largest down. When a tire is defective, or by email at Ben.Baker@beasley- automotive recall in history centers potentially serious problems like allen.com. on the defective Takata airbags found detreads and blowouts can occur in millions of vehicles manufactured long before the tire would be Aviation Accidents—Aviation litiga- by Honda, BMW, Chrysler, Daimler expected to wear out. If the tire tion can be extremely complex and Trucks, Ford, General Motors, Mazda, failure is the result of design or man- often involves determining the Mitsubishi, Nissan, Subaru, and ufacturing defects, and the manufac- respective liability of manufacturers, Toyota. The defect results in shrapnel turer is aware of the problem, they maintainers, retrofitters, dispatchers, like metal shards and airbag compo- have an obligation to alert consumers pilots and others. In some circum- nents being propelled throughout to the potential danger. Contact Ben stances, the age of the aircraft the vehicle interior. This frequently Baker or LaBarron Boone at 800-898- involved can limit or completely pre- results in lacerations and blunt force 2034 or by email at Ben.Baker@beas- clude an injured party from compen- trauma that can cause injury or leyallen.com or LaBarron.Boone@ sation. Soaring through the sky at death. We would like to review any beasleyallen.com. hundreds of miles an hour, thousands claim of injury or death. We are also of feet above the ground in an air- On-the-job Product Liability— plane or helicopter leaves little room handling Honda airbag cases with Many times product liability claims smaller injuries that normally would for error. One small mechanical arise from worker’s compensation problem, misjudgment or faulty not qualify for claims under our usual claims. After our lawyers and investi- review process, even an injury that response in the air can spell disaster gators investigate the circumstances for air passengers and even unsus- does not appear to be permanent or that caused the injuries, many times life-threatening. Contact Cole Portis pecting people on the ground. We they discover a defective machine are handling cases involving all types or Chris Glover at 800-898-2034 or may be the cause of the injuries. by email at Cole.Portis@beasleyallen. of aircraft, military and civilian. Contact Kendall Dunson, Evan Allen Contact Mike Andrews or Cole Portis com or Chris.Glover@beasley- or Ben Locklar at 800-898-2034 or by allen.com. at 800-898-2034 or by email at Mike. email at Kendall.Dunson@beasleyal- [email protected] or Cole. Truck Accidents—There are signifi- len.com, Evan.Allen@beasleyallen. [email protected]. cant differences between handling com or Ben.Locklar@beasley- an interstate trucking case and other allen.com. Premises Liability—In premises lia- bility claims, patrons of establish- car wreck cases. It is imperative to Accident Cases—Our lawyers con- have knowledge of the Federal Motor ments are often injured because the tinue to focus on accident cases premises, for some reason, was Carrier Safety Regulations, technol- involving automobiles, heavy equip- ogy, business practices, insurance unsafe. Premises liability claims can ment and consumer products. Some take many forms, including when coverages, and to have the ability to of these auto cases involve single- discover written and electronic severe injury or death results when a vehicle crashes, while others involve building or structure collapses, mer- records. Expert testimony is of multiple-vehicle accidents that utmost importance. Accidents involv- chandise falls, during swimming involve Product Liability claims. We pool accidents, due to poor lighting, ing semi-trucks and passenger vehi- would like to review any case involv- cles often result in serious injuries falling debris, unsecured fixtures and ing catastrophic injury or death. furniture that falls or tips over, unse- and wrongful death. Trucking com- Contact Greg Allen, Cole Portis or panies and their insurance compa- cure drainage that creates drowning Graham Esdale at 800-898-2034 or by or fall hazards, slippery surfaces, and nies almost always quickly send email at Greg.Allen@beasleyallen. accident investigators to the scene of inadequate maintenance. Beasley com, [email protected] Allen has successfully handled a a truck accident to begin working to or [email protected]. limit their liability in these situations. number of premises liability cases, and we would like to investigate any

24 BeasleyAllen.com cases where severe injury or death opioids and 33,091 Americans died the recent $650 million Pradaxa set- results. Contact Mike Crow or from opioid overdose in 2015 alone. tlement. Researchers linked Pradaxa, Warner Hornsby at 800-898-2034 or These medications provide important also a blood thinning medication, to by email at Mike.Crow@beasleyallen. pain relief for many. However, over more than 500 deaths. Xarelto blood com, or Warner.Hornsby@beasley- the years, drug companies inflated thinner litigation has been consoli- allen.com. the effectiveness of delayed-release dated before U.S. District Judge Eldon medications like OxyContin and Fallon in the Eastern District of Loui- Security Litigation—Under the law, downplayed their addictive proper- siana, who presided over suits against owners of establishments owe a duty ties, creating conditions ripe for Merck & Co. over its medication to patrons and guests to ensure that abuse. We are investigating cases Vioxx. The Vioxx litigation resulted the premises are reasonably safe and involving opioid-related deaths and in a $4.85 billion settlement in 2007. secure from anticipated dangers. overdose, or symptoms of overdose Contact David Byrne, Danielle Mason These cases normally take the form requiring hospitalization. Addition- or Melissa Prickett at 800-898-2034 of shootings, fights, stabbings, or ally, we are investigating cases on or by email at David.Byrne@beasley- other physical violence (including behalf of babies who suffered from allen.com, Danielle.Mason@beasley- sexual assault) where severe injury or Neonatal Abstinence Syndrome. allen.com, or Melissa.Prickett@ death occurs due to the establish- Contact Rhon Jones, Leigh O’Dell, beasleyallen.com. ment owner’s failure to take reason- Melissa Prickett, Roger Smith or Liz able safety measures. When this Eiland at 800-898-2034 or by email at Testosterone Replacement occurs, the establishment owner, as Rhon.Jones@beasleyallen, Leigh. Therapy (TRT) products for men well as those contractors charged [email protected], Melissa. have been linked to an increased risk with security, may be held responsi- [email protected], Roger. of death, heart attack and stroke. ble for the injuries suffered by indi- [email protected] or Liz. Researchers found men who used tes- viduals or groups of individuals on [email protected]. tosterone therapy were 30 percent the premises. While the laws vary more likely to have a heart attack, from state to state, our firm is actively Talcum powder and ovarian stroke, or die after three years of use. investigating and litigating these cancer—As many as 2,200 cases of A second study found that men had a cases where severe injury or death ovarian cancer diagnosed each year significant increase in risk of heart results. Contact Parker Miller or Rob may have been caused by regular use attack and stroke in just the first 90 Register at 800-898-2034 or by email of talcum powder. Talc is a mineral days of testosterone therapy use. Fur- at [email protected], or made of up various elements includ- thermore, men who started the study [email protected]. ing magnesium, silicon and oxygen. with clear, unobstructed coronary Talc is ground to make talcum arteries were just as likely to have a Nursing Home Abuse and Neglect powder which is used to absorb heart attack, stroke or die as men Claims—Nursing homes are sup- moisture and is widely available in who entered the study with estab- posed to be in the business of provid- various products including baby lished coronary artery disease. Tes- ing skilled nursing care to elderly and powder and adult products including tosterone therapy, such as the disabled residents. Unfortunately, sta- body and facial powder. Talc prod- prescription topical treatments tistics indicate residents in nursing ucts used regularly in the genital area Androgel, Testim and Axiron, are homes suffer abuse and neglect more increase the risk of ovarian cancer. In used to help boost testosterone levels and more frequently at the hands of February 2016, a jury found Johnson in men who have a deficiency of the nursing home corporations. In many & Johnson knew of the cancer risks male hormone. Symptoms of low tes- cases residents have died or have associated with its talc products but tosterone include decreased libido been severely abused as a result of failed to warn consumers, and and low energy. Contact Matt Teague neglect. They may suffer physical awarded the family of our client $72 or Melissa Prickett at 800-898-2034 abuse, emotional or psychological million. She died of ovarian cancer or by email at Matt.Teague@beasley- abuse, or neglect. We are investigat- after using J&J talc-containing prod- allen.com or Melissa.Prickett@beas- ing cases involving serious injury or ucts for more than 30 years. Contact leyallen.com. death resulting from nursing home Ted Meadows or Melissa Prickett at abuse or neglect. Contact Rhon Jones 800-898-2034 or by email at Ted. ATTUNE Knee Replacement— or Chris Boutwell at 800-898-2034 or [email protected] or Despite the overall high success rate by email at Rhon.Jones@beasleyallen. [email protected]. in knee replacement surgeries, com or Chris.Boutwell@beasley- researchers have identified larger- allen.com. Xarelto—Lawsuits filed against than-usual failure rates with the Johnson & Johnson subsidiary DePuy Synthes ATTUNE® Knee Mass Torts Section Janssen Pharmaceuticals and Bayer System. Problems with ATTUNE Corp. over the blood thinner Xarelto include loosening of the tibial com- Pharma and Medical Devices have been consolidated in Louisiana ponent at the implant-cement inter- Opioids—Opioid abuse has reached federal court. Xarelto has been linked face within the first two years after epidemic proportions in the United to serious side effects including inter- implant. Patients often present with States. According to the Department nal bleeding, gastrointestinal bleed- pain on weight bearing, swelling, of Health & Human Services, 12.5 ing, brain bleed and death. The and decreased range of motion. million people misused prescription Xarelto lawsuits come on the heels of Researchers believe that these fail-

JereBeasleyReport.com 25 ures are likely underreported, as in individuals older than 60. While Metal-on-Metal Hip Replacement competing companies cannot individuals who suffer from AIN can parts—The FDA has ordered a provide data on the revision compo- recover, most will suffer from some review of all metal-on-metal hip nents that they replace. We are cur- level of permanent kidney function implants due to mounting patient rently investigating cases involving loss. In rare cases individuals suffer- complaints. Problems with metal-on- individuals who have undergone revi- ing from PPI-induced AIN will metal include, but are not limited to sion surgery due to loosening after a require kidney transplant. Contact loosening, metallosis (ie: tissue or knee replacement using an ATTUNE Navan Ward or Melissa Prickett at bone death), fracturing, and/or cor- device. Contact Roger Smith or 800-898-2034 or by email at Navan. rosion and fretting of these devices, Melissa Prickett at 800-898-2034 or [email protected] or Melissa. which require revision surgery. Many by email at Roger.Smith@beasleyal- [email protected] patients that require revision surgery len.com or Melissa.Prickett@beasley- due to these devices suffer signifi- allen.com. Taxotere—Taxotere (docetaxel) is a cant post-revision complications. We chemotherapy drug approved in the are investigating all cases involving Bone Cement—The type of bone treatment of breast cancer along with metal-on-metal hip implants, includ- cement used during knee replace- other forms of cancer. It is adminis- ing the DePuy Orthopaedics ASR XL ment surgery affects the outcome of tered intravenously through a vein, Acetabular System and the DePuy that surgery. High viscosity bone and is a member of a family of drugs ASR Hip Resurfacing System, recalled cement (HVC) boasts shorter mixing called taxanes. In 2007, manufac- in August 2010; the Stryker Rejuve- and waiting times and longer turer Sanofi-Aventis issued a press nate and ABG II modular-neck stems, working and hardening phases, release touting the efficacy of Tax- recalled in July 2012; the Stryker LFIT meaning surgeons can handle and otere based on a clinical study. Anatomic v40 Femoral Head (recalled apply the cement earlier than with However, Sanofi-Aventis failed to August 29, 2016); the DePuy Pinna- low- or medium-viscosity cements. inform the FDA, health care provid- cle, the Zimmer Durom Cup, the Although HVC may be more conve- ers, and the public that permanent Wright Conserve, and the Biomet nient to use, there is mounting evi- hair loss was observed in a number M2A “38mm” and M2A-Magnum hip dence that the bond it produces is of the patients taking Taxotere. In replacement systems, which have not not as strong. Researchers have December 2015, the FDA announced been recalled. Reported problems observed more early failures with the it had ordered Sanofi-Aventis to include pain, swelling and problems use of HVC, even when used in com- change Taxotere’s label to warn walking. Contact Navan Ward or bination with a previously well-per- patients of the risk of permanent hair Melissa Prickett at 800-898-2034 or forming implant. Complications loss. While hair loss during chemo- by email at Navan.Ward@beasleyal- associated with knee replacements therapy is expected, patients under- len.com or Melissa.Prickett@beasley- performed with HVC include loosen- going chemotherapy with Taxotere allen.com. ing and debonding (where the were not warned they could poten- implant fails to adhere to the cement tially experience permanent hair IVC Filters—Retrievable IVC filters interface on the shin or thigh bone), loss. Permanent hair loss is an are wire devices implanted in the which requires revision surgery. extremely debilitating condition, vena cava, the body’s largest vein, to Other reported problems include especially for women. We are cur- stop blood clots from reaching the new onset chronic pain and instabil- rently investigating claims for women heart and lungs. These devices are ity. Contact Roger Smith, Liz Eiland who suffered permanent hair loss fol- used when blood thinners are not an or Melissa Prickett at 800-898-2034 lowing chemotherapy with Taxotere option. Manufacturers include Bard, or by email at Roger.Smith@beasley- for breast cancer. Contact Beau Cook and Johnson & Johnson. While allen.com, Liz.Eiland@beasleyallen. Darley or Melissa Prickett at 800-898- permanent IVC filters have been used com or Melissa.Prickett@beasley- 2034 or by email at Beau.Darley@bea- since the 1960s with almost no allen.com. sleyallen.com or Melissa.Prickett@ reports of failure, retrievable IVC beasleyallen.com. filters were introduced in 2003, pro- Proton Pump Inhibitors—Proton moted for use in bariatric surgery, pump inhibitors (PPIs) such as Risperdal, an atypical antipsychotic trauma surgery and orthopedic Nexium, Prilosec and Prevacid were drug used to treat schizophrenia and surgery. Risks associated with the introduced in the late 1980s for the certain problems caused by bipolar retrievable IVC filters include migra- treatment of acid-related disorder of disorder, has been linked to the tion, fracture and perforation, the upper gastrointestinal tract, development of gynecomastia in boys leading to embolism, organ damage including peptic ulcers and gastroin- and young men. Gynecomastia is a and wrongful death. Contact Melissa testinal reflux disorders, and are condition that causes boys to grow Prickett or Matt Munson at 800-898- available both as prescription and breasts. The drug is manufactured by 2034 or by email at Melissa.Prickett@ over-the-counter drugs. Beasley Allen Johnson & Johnson. Contact James beasleyallen.com or Matt.Munson@ is currently investigating PPI-induced Lampkin or Melissa Prickett at 800- beasleyallen.com. Acute Interstitial Nephritis (AIN), 898-2034 or by email at James. which is a condition where the [email protected] or Zofran—Manufactured by GlaxoS- spaces between the tubules of the [email protected]. mithKline, Zofran (ondansetron) was kidney cells become inflamed. The approved to treat nausea during che- injury appears to be more profound motherapy and following surgery.

26 BeasleyAllen.com Zofran (ondansetron) works by blower is entitled to a percentage of Supplemental Disability Insur- blocking serotonin in the areas of the the recovery. Studies show that as ance Denial—We have successfully brain that trigger nausea and vomit- much as 10 percent of Medicare/Med- litigated bad faith denial of benefits ing. Between 2002 and 2004, GSK icaid charges are fraudulent. cases for years in the disability insur- began promoting Zofran off-label for Common schemes involve double- ance area and we are interested in the treatment of morning sickness billing for the same service, inaccu- reviewing cases involving denial of during pregnancy, despite the fact rately coding services, and billing for Individual and Group disability insur- the drug has not been approved for services not performed. Additionally, ance. These cases can be either pregnant women and there have the Commission on Wartime Con- employee sponsored benefit plan pol- been no well-controlled studies in tracting has warned that the lack of icies (ERISA), individually owned pol- pregnant women. The FDA has oversight of government contractors icies or non-ERISA governed received nearly 500 reports of birth has led to massive fraud and waste. supplemental insurance. Contact defects linked to Zofran. Birth defect Contact Lance Gould, Larry Golston Larry Golston at 800-898-2034 or by risks include cleft palate and septal or Andrew Brashier at 800-898-2034 email at Larry.Golston@beasley- heart defects. Contact Roger Smith or or by email at Lance.Gould@beasley- allen.com. Melissa Prickett at 800-898-2034 or allen.com, Larry.Golston@beasleyal- by email at Roger.Smith@beasleyal- len.com, or Andrew.Brashier@ Self-funded Health and Pharmacy len.com or Melissa.Prickett@beasley- beasleyallen.com. Insurance Plans—Third Party allen.com. Administrators and Pharmacy Benefit Auto Defect Class Actions— Managers may have been charging Physiomesh—Intended for hernia Lawyers in the Section are continu- unauthorized fees to self-funded repair, Physiomesh is a flexible poly- ing to work on numerous auto defect insurance health and pharmacy propylene mesh designed to rein- class actions against many of the benefit plans. These extra fees may force the abdominal wall, preventing major automobile manufacturers like be in violation of the contracts with future hernias from occurring. VW, Toyota, General Motors, Ford the self-funded plan and a breach of Though there are several types of and even some suppliers like Takata. fiduciary duty under ERISA. We are hernias, most occur when an organ These cases continue to be filed looking into these cases on behalf of or tissue protrudes through a weak because of corporate misconduct in self-funded plans. Contact Alison spot in abdominal muscles. The con- designing and manufacturing unsafe Hawthorne at 800-898-2034 or by dition often requires surgery where vehicles that are purchased by con- email at Alison.Hawthorne@beasley- mesh, like Physiomesh, which is sumers, corporations and state agen- allen.com. intended for laparoscopic use, is used cies. We continue to investigate these to fill in a hole in the abdominal automobile problems for class relief Pharmaceutical Pricing—Our muscle or laid over or under it to treatment. Contact Dee Miles, Archie lawyers are continuing to handle prevent any further protrusions. Grubb or Clay Barnett at 800-898- claims involving chain pharmacies Independent studies have found 2034 or by email at Dee.Miles@beas- falsely reporting their generic pricing Physiomesh to lead to high rates of leyallen.com, Archie.Grubb@ transactions to state Medicaid agen- complications including hernia reoc- beasleyallen.com or Clay.Barnett@ cies. This misconduct has led to mil- currence, organ perforation, mesh beasleyallen.com lions of dollars in overpayments by migration, sepsis and even death. In Medicaid agencies for generic drugs May 2016, Ethicon issued a market Life Insurance Fraud—Our lawyers to the chain pharmacies. Contact: withdrawal of Physiomesh in the U.S. have uncovered alleged fraudulent Alison Hawthorne or Leslie Pescia at and recalled the product in Europe accounting practices by life insur- 800-898-2034 or by email at Alison. and Australia. We are currently inves- ance companies concerning [email protected] or tigating cases involving serious injury premium increases. The accounting [email protected]. method may result in the policy- or death as a result of Ethicon’s Physi- Antitrust—The Section is handling omesh. Contact Melissa Prickett or holder being charged excessive insur- ance premiums. A client that has a claims related to the violation of Matt Munson at 800-898-2034 or by federal and state antitrust laws. We email at Melissa.Prickett@beasleyal- life insurance policy and has been notified of a substantial increase in are currently involved in claims alleg- len.com or Matt.Munson@beas- ing a wide array of anticompetitive leyallen.com premium payments, or if they have been told their policy’s “cost of insur- conduct, including illegal tying, ance” has increased, they may have a exclusive dealing, monopolization, Consumer Fraud & Commercial and price fixing. Contact Archie Litigation Section valuable legal claim that our firm would like to investigate. Contact Grubb or Alison Hawthorne at 800- False Claims Act & Whistleblower Dee Miles, Andrew Brashier or 898-2034 or by email at Archie. Litigaiton—We are handling and Rachel Boyd at 800-898-2034 or by [email protected] or Alison. investigating whistleblower claims of email at Dee.Miles@beasleyallen. [email protected]. government fraud ranging from Medi- com, Andrew.Brashier@beasleyallen. Health Care Fraud—We are looking care/Medicaid to military contracts, com or Rachel.Boyd@beas- into cases of fraud within the health and any other type of fraud involving leyallen.com. care industry. These may include a government contract. Under the cases dealing with pricing, off-label False Claims Act (FCA) the whistle- prescriptions, or other health care

JereBeasleyReport.com 27 abuse. Contact Alison Hawthorne at explicitly or implicitly affects an indi- len.com or Grant.Cofer@beasley- 800-898-2034 or by email at Alison. vidual’s employment, unreasonably allen.com. [email protected]. interferes with an individual’s work performance, or creates an intimidat- Roundup / glyphosate—Roundup State and Municipalities Litiga- ing, hostile, or offensive work envi- is the most widely used herbicide in tion—Our lawyers have represented ronment.” We are looking at any the world and the second-most used numerous states throughout the claim involving extreme sexual weed killer for home and garden, country. These cases have been harassment or sexual assault. Contact government and industry, and com- handled through the attorneys Larry Golston or Lance Gould at 800- merce. It was introduced commer- general and have involved various 898-2034 or by email at Larry. cially by Monsanto Company in 1974 civil actions. Many times, individuals [email protected] or Lance. and is used by landscapers, farmers, are barred from bringing a consumer [email protected]. groundskeepers, and commercial gar- fraud type claim but the state govern- deners. The primary ingredient in ment is not. We recently concluded Toxic Torts Section Roundup is glyphosate, a chemical litigation in six of eight states for a that kills weeds by blocking proteins recovery dealing with medical fraud, Mesothelioma—Mesothelioma is a essential to plant growth. It has been with still two states remaining. For highly aggressive and rare form of linked to a type of cancer called non- more information, contact Dee Miles cancer usually affecting the lining of Hodgkin lymphoma. We are investi- or Alison Hawthorne at 800-898- the lungs (pleural) or abdominal gating cases involving non-Hodgkin 2034 or by email at Dee.Miles@beas- cavity (peritoneal). Occasionally, it lymphoma related to the commercial leyallen.com or Alison.Hawthorne@ also may affect the lining of the heart application of Roundup/glyphosate. beasleyallen.com. (pericardial). The only known cause Contact Rhon Jones or John Tomlin- of mesothelioma is exposure to son at 800-898-2034 or by email at Fair Labor Standards Act (FLSA)— asbestos. About 2,000 new cases of [email protected] or We are working on several cases mesothelioma are diagnosed in the [email protected]. involving Fair Labor Standards Act United States each year. For years, (FLSA) violations. The FLSA cases are asbestos was widely used in many Severe Lung Disease—We are inves- brought on behalf of clients whose industrial products and in building tigating numerous cases involving job title is misclassified by their construction for insulation and fire severe lung disease, including where employers so that employees are not protection. When asbestos is broken a client has received any of the fol- compensated for overtime worked. or disturbed it can release micro- lowing diagnoses: any interstitial Cases may also involve unequal pay, scopic fibers that can be inhaled or lung disease, pulmonary fibrosis where women are paid less for doing ingested, posing a health risk, includ- (whether idiopathic or not), silicosis, the same job as men. Contact Lance ing the development of asbestos dis- black lung, bronchiolitis obliterans, Gould or Larry Golston at 800-898- eases and mesothelioma. Contact sarcoidosis, berylliosis or chronic 2034 or by email at Lance.Gould@ Sharon Zinns or Rhon Jones at 800- beryllium lung disease, metal lung beasleyallen.com or Larry.Golston@ 898-2034 or by email at Sharon. disease, hypersensitivity pneumoni- beasleyallen.com. [email protected] or Rhon. tis, pneumoconiosis, and non-smok- [email protected]. er’s lung cancer and emphysema. Employment Law—Lawyers in the These are grave diseases that often- Section are handling employment Leukemia and Benzene expo- times result in either death or a lung cases. Situations that may be sure—Benzene is widely used in a transplant, and they are frequently addressed in this area include number of industries and products, caused by exposure to dusts, fibers, minimum wage and overtime pay, yet many people remain unaware of metals, chemicals, vapors, food fla- unfair labor practices, all types of dis- the toxic danger of this chemical sub- voring additives or other tiny parti- crimination, employee benefits, and stance. Exposure to products con- cles in the workplace or as a result of whistleblower claims. Contact Larry taining benzene, whether through a defective product. Often over- Golston or Lance Gould at 800-898- inhalation or skin absorption, can looked, these can be very good cases. 2034 or by email at Larry.Golston@ cause life-threatening diseases Contact Sharon Zinns or Rhon Jones beasleyallen.com or Lance.Gould@ including Acute Myeloid Leukemia at 800-898-2034 or by email at beasleyallen.com. (AML), Myelodysplastic Syndrome [email protected] or (MDS), lymphomas and aplastic Sexual Harassment—Sexual harass- [email protected]. ment is outlawed by Title VII of the Anemia. Some of these diseases do not manifest themselves until several PFC Contamination in Water Civil Rights Act of 1964 because it is Systems—In May 2016, the U.S. Envi- a form of discrimination, as years after exposure to benzene. Due to certain statute of limitations for ronmental Protection Agency (EPA) explained by the Equal Employment issued new lifetime health exposure Opportunity Commission (EEOC). bringing a claim of this nature it is important to contact an attorney as guidelines for perfluorooctane sulfo- The agency defines sexual harass- nate (PFOS) and perfluorooactanoic ment as “[u]nwelcome sexual soon as possible if you believe your condition is a result of benzene expo- acid (PFOA) in the water supply. advances, requests for sexual favors, After the EPA issued the new expo- and other verbal or physical conduct sure. Contact John Tomlinson or Grant Cofer at 800-898-2034 or by sure limits, an advisory warning was of a sexual nature constitute sexual provided to eight water systems in harassment when this conduct email at John.Tomlinson@beasleyal-

28 BeasleyAllen.com Alabama and more than 50 nation- and distributors of opioids for 23 different auto parts makers. The under- wide. The EPA advisory focused on increased costs faced by local govern- lying suit alleged the Defendants con- PFOA and PFOS, man-made chemical ments related to the opioid epidemic. spired to fix prices on auto parts. Parts compounds that are used in the man- Providing city and county resources manufacturers, including Bridgestone, ufacture of non-stick, stain-resistant, to battle the opioid crisis causes local Diamond Electric and Mitsuba, also must and water-proofing coatings on governments to sustain economic continue to cooperate in the case and fabric, cookware, firefighting foam, damages and ongoing significant provide detailed information about their and a variety of other consumer prod- financial burdens. These lawsuits alleged anti-competitive conduct, pursu- ucts. Exposure to the chemicals over allege the crisis was created by the ant to the settlement. The suit involves time, even in trace amounts, could pharmaceutical industry, which the alleged price fixing of 25 different car promote serious health problems, the instead of investigating suspicious parts including anti-vibration rubber EPA warns. Contact Rhon Jones, Rick orders of prescription opiates, turned parts, bearings, windshield washer and Stratton or Ryan Kral at 800-898- a blind eye in favor of making a wiper systems, and wire harness systems. 2034 or by email at Rhon.Jones@bea- profit. They intentionally misled The litigation stems from a U.S. Depart- sleyallen.com, Rick.Stratton@ doctors and the public about the ment of Justice (DOJ) investigation beasleyallen.com or Ryan.Kral@beas- risks of these dangerous drugs, and launched in 2010 that uncovered a series leyallen.com. municipal governments are left strug- of cartels to rig bids and fix prices for a gling to cope with the consequences. broad range of auto parts. The probe E-cigarette Explosions—We are Contact Rhon Jones or Ryan Kral at resulted in 12 executives pleading guilty investigating cases involving severe 800-898-2034 or by email at Rhon. in connection with the charges, including injuries caused by exploding e-ciga- [email protected] or Ryan. 10 Japanese executives who surrendered rette devices and exploding e-ciga- [email protected]. to U.S. jurisdiction and were each sen- rette batteries. These explosions tenced to one or two years in prison. have been linked to faulty e-cigarette In addition to the lawyers listed in each The multidistrict litigation (MDL) products, defective lithium-ion bat- instance, you can reach other lawyers in a against manufacturers, marketers and teries, and insufficient warnings for respective section by contacting the sellers was split into separate proceedings users. Although these cases do Section Administrator by phone at 800- for different automotive parts. The follow- involve personal injury including 898-2034 or by email listed below. Those ing sets this out: serious burn injuries, please contact persons are set out below: our Toxic Torts section for assistance • Mitsubishi agreed in April 2016 to pay with cases you may have involving • Sloan Downes, Personal Injury & Prod- $84.4 million to car buyers and auto these devices. Contact Will Sutton at ucts Liability Section; Sloan.Downes@ dealers to resolve their claims that it 800-898-2034 or by email at William. beasleyallen.com conspired to allocate the supply of auto [email protected]. • Penny Davies, Mass Torts Section, parts and sell them at noncompetitive [email protected] prices in the U.S. and elsewhere, State and Municipalities Litiga- according to court filings. In April tion—Our firm is representing the • Sandra Walters, Toxic Torts Section, 2018, more than 3,400 eligible dealer- State of Alabama in the opioid litiga- [email protected] ships submitted claims for the first tion. We also represent states and round of settlements, which amounted certain local governments in environ- • Michelle Fulmer, Consumer Fraud & to approximately $59 million, accord- mental or toxic exposure claims. Commercial Litigation Section, ing to the proposed settlement. Many times, individuals are either [email protected] barred from bringing an environmen- • Round two saw an additional 1,260 tal claim or it is not a practical solu- Each of the Section Administrators can dealerships submit claims, bringing the tion. These types of government also be reached by phone at 800-898- settlement amount to $125 million. cases may involve issues of environ- 2034. If you contact a Section Administra- mental catastrophe, or some other tor you will be put in touch promptly • In August, lawyers for the car dealers type of pollution. Some of the most with a lawyer working on cases in your asked for $33 million in fees for their notable cases handled by Beasley specific area of concern. work, which would cover the time and Allen on behalf of states and munici- money already spent on the case, palities for environmental issues saying they would also set aside 3 include the PFC water contamination percent of the funds for anticipated XVIII. future litigation expenses. and BP Oil Spill litigation. For more THE CONSUMER information, contact Rhon Jones at The lawyers said that “Counsel for the 800-898-2034 or by email at Rhon. CORNER auto dealers litigated these cases on a con- [email protected]. tingent basis, some for more than six Governmental Litigation—In addi- years, and have spent tens of thousands of tion to individual cases of serious Auto Dealers Seek To Approve $115 Million hours in the cases in which settlements injury and death related to opioid Price-Fixing Settlement have been reached. Although the court abuse, Beasley Allen is representing awarded fees from the first settlement A group of auto dealers asked a Michi- multiple local governments in groups, the work done by counsel for the gan federal court last month to approve a Alabama against both manufacturers auto dealers still exceeds the $115 million third-round settlement with fees awarded.”

JereBeasleyReport.com 29 The car dealers are represented by Those statements together are submit detailed plans to curb underage Gerard V. Mantese of Mantese Honigman “unequivocal” in their expression of usage. These five companies, which rep- PC, Jonathan W. Cuneo of Cuneo Gilbert intent to have the arbitrator determine resent approximately 97 percent of the & Laduca LLP, Don Barrett of Barrett Law arbitrability, according to the Eleventh market, had products that were pur- Group PA, and Shawn M. Raiter of Larson Circuit. The dispute stems from the fees chased by kids in an earlier enforcement King LLP. The MDL is In re: Automotive JPay charges for money transfers. The two action by the agency. Juul, which is pri- Parts Antitrust Litigation (case number Plaintiffs, Cynthia Kobel and Shalanda vately held, dominates the market, repre- 2:12-cv-00102) in the U.S. District Court Houston, claim the fees are exorbitant senting about 72 percent of sales. for the Eastern District of Michigan. and are used to fund kickbacks to correc- Many public-health groups believe Source: Law360.com tions departments. They also allege that these companies use fruity flavors in their JPay dissuades users from sending money products to entice young people to try through free paper money orders by vaping. However, the companies insist 11th Circuit Says Court Should Decide intentionally making that process slow that the flavors are critical to helping Class Arbitrability Questions and complicated. ­nicotine-addicted adult smokers switch The Plaintiffs Kobel and Houston filed a from conventional cigarettes. The Eleventh Circuit has ruled that demand for arbitration in October 2015 Overall this has been the largest coordi- class arbitrability should be decided by a alleging contractual violations and viola- nated enforcement action in the FDA’s court if an arbitration clause is silent on tions of a Florida consumer protection history. The FDA is also considering a the issue. However, the appeals court sent law and seeking to represent a class of slew of potential actions, including a dispute over class arbitrability between JPay users who had paid fees for elec- forcing brands to revise their sales and consumers and prison contractor JPay tronic money transfers. JPay responded marketing practices, preventing distribu- Inc. to an arbitrator after determining that with a lawsuit seeking to compel bilateral tion to retailers who have been found to the terms of service agreement clearly arbitration, arguing that it had never con- sell to kids, and removing some or all fla- states that was the parties’ preference. sented to arbitrate on a class basis. vored e-cig products from those In its first look at the issue, the Elev- A federal district judge determined that companies. enth Circuit said when a contract is silent the class arbitrability question was for the The head of the U.S. Food and Drug on whether class arbitration is an avail- court to decide and then granted Administration said on Sept. 25 that the able option, a court should rule on the summary judgment to JPay after deter- agency is contemplating banning online question, because it is the kind of mining that because the agreement is sales of e-cigarettes as a step to curb the “gateway question” that shapes the silent on class arbitration, it could not be rise in vaping among minors. FDA Com- dispute that will be arbitrated. implied as an available option. Kobel and missioner Scott Gottlieb said that while This is consistent with the presumption Houston are represented by Karla Gil- e-cigarettes can be a viable alternative for that merits-related disputes should go to bride of Public Justice PC, Rachel Soffin adult smokers to wean off combustible an arbitrator but questions of arbitrability and John A. Yanchunis of Morgan & cigarettes, data shows there has been a are for the courts to decide, according to Morgan PA, and Andrea Gold of Tycko & sharp spike in youth use. Banning online the court’s opinion. The Eleventh Zavareei LLP. The case is JPay Inc. v. sales is one of the measures the FDA is Circuit said: Kobel et al., case number 17-13611, in the considering to address teen vaping, as the If class proceedings are available, the U.S. Court of Appeals for the Elev- benefits to adults don’t outweigh the risk arbitration is fundamentally changed. enth Circuit. of a new generation becoming addicted to Thus, we cannot read consent to arbitra- Source: Law360.com nicotine, Gottlieb said at a panel hosted tion and silence on the class availability by Axios and aired on C-SPAN. question as necessarily implying consent If you need more information on this to an arbitrator’s deciding whether a very FDA Launches Crackdown On E-Cig Sales subject, contact Will Sutton, a lawyer in different ‘type’ of proceeding is available. To Teens our Toxic Torts Section, at 800-898-2034 As a result, class availability is a question or by email at William.Sutton@beasley- of arbitrability.” The Food and Drug Administration allen.com. In the instant dispute between JPay, a (FDA) recently announced a new round of Source: NPR Miami-based company that provides fee- enforcement actions designed to stop an for-service amenities in prisons, and two “epidemic” of teen e-cigarette usage. The JPay customers who used the service to enforcement action is directed toward FTC Wins False Ad Lawsuit Against Diet send money to inmates, the appeals court both retailers and manufacturers. Pill Maker Roca Labs said the contract’s arbitration provision is The FDA also sent 1,300 letters and clear in its preference for an arbitrator to fines to retailers across the country. In A Florida federal judge has granted the determine all disputes, including those of particular, the FDA sent almost 1,200 Federal Trade Commission (FTC) arbitrability. The provision says all claims, letters to retail stores including Walgreens summary judgment on all counts in its disputes and controversies will be and Walmart with warnings about the lawsuit accusing diet pill maker Roca Labs resolved through arbitration under the penalties. The agency also imposed fines and its owners of deceiving consumers rules of the American Arbitration Associa- on an additional 130 establishments for through false claims, undisclosed paid tion. The agreement also states that “the repeated offenses. success stories and threats of lawsuits to ability to arbitrate the dispute, claim or The FDA gave the five most popular discourage negative reviews. U.S. District controversy shall likewise be determined e-cigarette manufacturers—JUUL, Vuse, Judge Mary S. Scriven granted the federal in the arbitration.” Blu, MarkTen XL and Logic—60 days to government’s request for a permanent

30 BeasleyAllen.com injunction against Roca Labs Inc. owners to clinical trials of the products. Custom- by Carl H. Settlemyer, Michael J. Davis and Don Juravin and George C. Whiting and ers can also watch videos of people por- Paul B. Spelman. The case is Federal four related corporate entities for viola- traying how effective the product is, with Trade Commission v. Roca Labs Inc. et tions of the FTC Act. The judge also found the website touting the “real testimonials al., (case number 8:15-cv-02231) in the that the FTC is entitled to a monetary of 100,000 users.” But the company did U.S. District Court for the Middle District judgment but gave the agency 21 days to not tell consumers that those videos and of Florida. provide additional information on how it various positive blog posts and social Source: Law360.com reached its calculation of about $25.2 media posts were paid for by the company million in net revenue for the company. and in some cases were written by Judge Scriven said: employees, and that the third-party website, gastricbypass.me, was actually XIX. Based on defendants’ extended owned and run by Roca Labs. Both RECALLS UPDATE history of deceptive and unfair actions constitute violations of the FTC practices and defendants’ continued Act, the agency said. promotion of their products and The company also deceived its users by We are again reporting a large number comparisons to gastric bypass collecting personal information from its of safety-related recalls. We have included surgery, the FTC has proven that a customers and claiming it kept that infor- some of the more significant recalls that cognizable danger of recurrent vio- mation confidential. In fact, Roca Labs were issued in September. If more infor- lation exists. Thus, a permanent shared that personal data in public court mation is needed on any of the recalls, injunction prohibiting defendants’ filings and with payment processors, readers are encouraged to contact Shanna deceptive and unfair practices is banks and consumer health information Malone, the Executive Editor of the justified. agencies, according to the FTC. Report. We would also like to know if we have missed any safety recalls that should According to the complaint filed in Sep- Roca Labs also claimed that customers have been included in this issue. tember 2015, Roca Labs promised that who purchased its products had agreed to ingesting its products would substantially terms saying they had received the prod- Auto Recalls limit a user’s stomach capacity and cause ucts at a “discounted” price and had agreed not to post any negative reviews of dramatic weight loss—with a 90 percent Mitsubishi Motors North America, the company or its weight-loss supple- success rate—without disclosing the fact Inc. (MMNA) is recalling certain 2018 ments. Doing so would subject them to that it paid users to provide success story Mitsubishi Outlander Sport vehicles having to pay additional money for the video testimonials, or that it issued gag equipped with a Forward Collision Mitiga- products or face a lawsuit. The court clauses that kept users from writing nega- tion (FCM) system and 2018 Mitsubishi agreed with the FTC, which provided tive product reviews. The agency claimed Outlander PHEV and Eclipse Cross vehi- examples of customers who were aggres- that Florida-based Roca Labs violated the cles and 2017-2018 Outlander vehicles sively threatened by the company after FTC Act, which prohibits the use of false equipped with an Adaptive Cruise Control writing negative reviews or lodging com- advertising, by making numerous unsub- (ACC) system and/or an Electric Parking plaints with the Better Business Bureau, stantiated claims about weight loss and Brake (EPB) system. The software for the that these gag clauses also violated portraying the effects of its products as Hydraulic Unit Electronic Control Unit the FTC Act. “scientifically proven” even though there (ECU) may be incorrect, possibly prevent- Judge Scriven also ruled that Juravin was no such science showing the prod- ing the intervention of a safety system and Whiting should be held individually ucts were effective. such as automatic emergency braking, liable for their company’s deceptive and Since at least 2009, Roca Labs has been Anti-lock Braking (ABS), Electronic Stabil- unfair acts, finding that the FTC had selling weight-loss products, such as its ity Control (ESC), or the Brake Auto Hold established that they operated as a “Formula” and “Anti-Cravings” powder, to (BAH) function when any of these common enterprise and either knew of, customers through its website, for any- systems are in use. where from $500 to $1,500, according to directly participated in or had control the FTC. Additionally, the company has over the conduct. Mitsubishi Motors North America spent millions on advertising through Juravin, who the court found played a (MMNA) is recalling certain 2018 Mitsubi- Google, Bing and Yahoo. It has a signifi- larger role in the business, testified that shi Outlander PHEV, Outlander Sport, cant social media presence as well. he has stopped using the Roca Labs brand 2018-2019 Eclipse Cross, and 2017-2018 Almost all of the online advertisements but is selling the same formula through Outlander vehicles equipped with a led back to the company’s website, where the brand “gastric.care,” the order said. Forward Collision Mitigation (FCM) potential customers were inundated with Judge Scriven agreed with the FTC’s system that detects pedestrians. Due to “scientific” illustrations of how its “formu- argument that monetary damages should incorrect software, the FCM-ECU (Elec- las” shrink the stomach and how it was a be based on the Defendants’ unjust gain tronic Control Unit) may apply braking for safe alternative to bariatric, or lap-band, measured through their net revenue. longer than needed, even after a pedes- surgery. The site included links to an However, while the FTC provided suffi- trian is no longer detected. If the alleged independent, third-party website cient evidence that their gross revenues FCM-ECU software activates the brake for that also touted the success of Roca Labs were $26.6 million during the relevant longer than necessary, the driver may products over lap-band surgery. time period, she did not find evidentiary react by applying additional braking. The Many of the claims found on the com- support for its “reasonable approxima- resulting rapid deceleration of the vehicle pany’s website are said to have been tion” that customer refunds totaled $1.35 can increase the risk of a rear-end written by doctors and include references million. The FTC is represented in-house collision.

JereBeasleyReport.com 31 Ford Motor Company (Ford) is recall- sudden return of EPS assist. If EPS assist is Bridgestone Americas Tire Opera- ing certain 2018 Ford Edge and Lincoln lost and then suddenly returns, the driver tions, LLC (BATO) is recalling certain MKX vehicles. These vehicles may have may have difficulty steering the vehicle, Firestone FS818 tires with date codes door striker bolts that are shorter than especially at low speeds, increasing the 2318-2418, Bridgestone M854 tires with intended. Vehicles with shorter door risk of a crash. date codes 2418-2518, Bridgestone M860A striker bolts fail to comply with the tires with date code 2518, and Bridges- requirements of Federal Motor Vehicle General Motors LLC (GM) is recalling tone M864 tires with date codes 2318- Safety Standard (FMVSS) number 206, certain 2015-2016 Chevrolet Silverado 2418, all of size 425/65R22.5. The sidewall “Door Locks and Door Retention Compo- 2500, 3500, 1500 Crew Cab Special steel body cords may be exposed, which nents” potentially resulting in the doors Service, Tahoe Police Pursuit/Special can cause unexpected rapid air loss opening in the event of a crash. Service, GMC Sierra 2500, and 3500 vehi- during use. As such, these tires fail to cles. The brake pedal pivot nut may comply with the requirements of Federal Ford Motor Company (Ford) is recall- loosen, causing the brake pedal to be Motor Vehicle Safety Standard (FMVSS) ing certain 120V Convenience charge loose or inoperative. If the brake pedal number 119, “New Pneumatic Tires— cords that were supplied with and sold for becomes loose or inoperative, the driver Other than Passenger Cars.” Rapid air loss use with 2013-2015 Ford C-Max Energi may be unable to stop the vehicle by can increase the risk of a crash. and Fusion Energi vehicles and 2012-2015 using the brake pedal. Additionally, a Ford Focus Electric vehicles. Cords with loose pedal may also interfere with the Daimler Trucks North America LLC part numbers FM58-10B706-AA, FM58- accelerator pedal. Either condition may (DTNA) is recalling certain 2017-2019 10B706-AB, FM58-10B706-AC, FM58- increase the risk of a crash. Freightliner Cascadia, Coronado and 10B706-AD, FM58-10B706-AE and 122SD, and Western Star 4900 trucks, FM58-10B706-AF were manufactured General Motors LLC (GM) is recalling equipped with Cummins ISX15 or X15 without thermistors, and during vehicle certain 2018-2019 Chevrolet Equinox, diesel engines. In certain driving condi- charging, increased resistance in the Impala, Cruze, Volt and Bolt EV vehicles, tions, such as on a long downhill grade, house’s outlet or wiring can cause the GMC Terrain vehicles, Buick Lacrosse and the fuel line may burst if the fuel pump cord to overheat and melt. Regal vehicles, Cadillac XTS and XTS Pro- cooling circuit screen becomes restricted. fessional vehicles and 2018 Chevrolet If the fuel line bursts, fuel may leak onto Ford Motor Company (Ford) is recall- Malibu vehicles. The rear brake caliper the road resulting in a roadway hazard for ing certain 2015-2018 Ford F-150 Regular pistons may have an insufficient coating other motorists. The engine may also stall Cab and SuperCrew Cab vehicles. If a causing gas pockets to form, potentially without warning, resulting in the vehi- front seat belt pretensioner deploys as the reducing rear brake performance. A cle’s inability to restart, increasing the result of a crash, the sparks may ignite reduction of braking performance can risk of a crash. materials such as carpeting or insulation increase the risk of a crash. within the B-pillar area. A vehicle fire Daimler Trucks North America LLC could result if materials ignite inside Fabform Industries, Inc. (Fabform) is (DTNA) is recalling certain 2017-2019 the vehicle. recalling certain 2017-2018 Fabform Thomas Built Buses Saf-T-Liner C2 school Power Tilt dump trailers. The hinges buses, equipped with S3B 45” Restraint Ford Motor Company (Ford) is recall- welded on the bottom frame may fracture School Bus Seats. In the event of a crash, ing certain 2018 Ford Edge, Lincoln MKX, and the dump box may unexpectedly fall. the seat’s foot may pull through the 2019 Ford Flex, and Lincoln MKT vehi- If the dump box falls unexpectedly, it can bolted joint at the bus floor. As such, cles. The power supply cables at the increase the risk of injury or death. these vehicles fail to comply with the starter and the alternator may not have requirements of Federal Motor Vehicle been properly secured, possibly resulting Toyota Motor Engineering & Manufac- turing (Toyota) is recalling certain 2016- Safety Standard (FMVSS) number 210, in an electrical arc. An electrical arc can “Seat Belt Assembly Anchorages.” In the increase the risk of a fire. 2018 Toyota Prius vehicles. A portion of the engine wire harness connected to the event of a crash, if the seat detaches from Nissan North America, Inc. (Nissan) is hybrid Power Control Unit (PCU), could the floor, it can increase the risk of injury. recalling certain 2015-2017 Nissan contact the cover at this connection and Daimler Trucks North America LLC Murano, 2016-2017 Nissan Maxima, 2017- wear, causing an electrical short circuit. (DTNA) is recalling certain 2015-2019 2018 Nissan Pathfinder, and 2017 Infiniti An electrical short can increase the risk Thomas Built Buses Saf-T-Liner C2 and Saf- QX60 vehicles. The Anti-Lock Brake (ABS) of a fire. T-Liner HDX school buses, equipped with actuator pumps may allow brake fluid to Toyota Motor Engineering & Manufac- certain S-Series and K-Series Titanium leak onto an internal circuit board. A Wheelchair Lifts, models K200, K201, brake fluid leak on the circuit board may turing (Toyota) is recalling certain 2012 Toyota Avalon vehicles. During a vehicle K550, K551, S200, S2201, S550 and S551. result in an electrical short, increasing the The wheelchair lift positioning input cam risk of a fire. repair, the seat belt inner buckles may have been replaced with parts that may may fail while the lift is in use, allowing General Motors LLC (GM) is recalling incorrectly tell the air bag management the platform to travel higher than the certain 2015 Chevrolet Silverado 1500, system that the seat belt is always vehicle’s floor height. If the wheelchair Tahoe and Suburban, GMC Sierra 1500 buckled. If the seat belt is falsely inter- lift platform stops above the vehicle floor, and Yukon, and Cadillac Escalade vehi- preted as being buckled, in the event of a the wheelchair user can tip inward cles. Electric power steering (EPS) assist crash, the air bags may not deploy appro- toward the vehicle when exiting the lift, may be lost momentarily, followed by a priately, increasing the risk of injury. increasing their risk of injury.

32 BeasleyAllen.com Kawasaki Motors Corp., U.S.A. (Kawa- equipped with certain S-Series and Volvo Trucks North America (Volvo) is saki) is recalling certain 2018 Kawasaki K-Series Titanium Wheelchair Lifts, recalling certain 2019 Volvo VNL and Ninja H2 SX SE (ZXT02BJ) motorcycles. models K200, K201, K550, K551, S200, VNR trucks equipped with Jost fifth The pin for the center stand spring may S2201, S550 and S551. The wheelchair lift wheel couplings. The fifth wheel may have been improperly welded, and, as a positioning input cam may fail while the have an outboard slider bracket that is too result, the pin may shift or fall off result- lift is in use, allowing the platform to narrow, possibly allowing the trailer to ing in the spring detaching and the center travel higher than the vehicle’s floor separate from the tractor. If the trailer stand dropping to the ground unexpect- height. If the wheelchair lift platform separates from the tractor, it can increase edly and dragging while riding. The drag- stops above the vehicle floor, the wheel- the risk of a crash. ging center stand can cause a loss of chair user can tip inward toward the control, increasing the risk of a crash. vehicle when exiting the lift, increasing ºAltec Industries Inc. (Altec) is recalling their risk of injury. certain 2017-2018 Altec LS63 Aerial Jayco, Inc. (Jayco) is recalling certain Devices. The fuse for the battery was not 2018 Jayco Alante vehicles. The leveling Autocar Industries, LLC (Autocar) is installed to the guidelines. The incor- system hydraulic hoses may become recalling certain 2018-2019 Autocar rectly placed fuse may increase the risk damaged due to their location, resulting Xspotter vehicles. The brake pedal for an electrical short. An electrical short in a hydraulic fluid leak. The leaking mounting plate may be incorrectly can increase the risk of a fire. hydraulic fluid leak may spray onto the welded, possibly resulting in the brake exhaust system, increasing the risk pedal disconnecting. If the brake pedal Altec Industries Inc. (Altec) is recalling of a fire. becomes disconnected, the brakes may certain 2008-2018 Aerial Devices not be able to be applied, increasing the equipped with aluminum work platforms. Blue Bird Body Company (Blue Bird) risk of a crash. The platform mounting holes may fail, is recalling certain 2019 Blue Bird All causing the platform to move unexpect- American and 2019-2020 Blue Bird Vision BMW of North America, LLC (BMW) is edly. If the platform moves unexpectedly, school buses, equipped with certain recalling certain 2017-2019 MINI Cooper it can increase the risk of injury. NextGen School Bus seats with Integrated Countryman vehicles. These vehicles may Child Restraint Systems. These seats may be missing a crash protection plate near Volkswagen Group of America, Inc. be missing a warning label on the lower the high pressure fuel pump, which may (Volkswagen) is recalling certain 2018 restraint strap. As such, these vehicles fail result in a fuel leak in the event of a crash. Volkswagen Atlas vehicles. During pro- to comply with the requirements of Without the crash protection plate, in the duction, the air conditioning system drain Federal Motor Vehicle Safety Standard event of a crash, the fuel pump can tube may have been twisted, causing (FMVSS) number 213, “Child become damaged, causing a fuel leak and water to drain into the air bag control Restraint Systems.” increasing the risk of a fire. module. The wet air bag control module may result in an unintentional deploy- Dexter Axle Company (Dexter) is Chrysler (FCA US LLC) is recalling ment of the air bags, increasing the risk of recalling certain D44 trailer axles with a certain 2018-2019 RAM 1500 trucks. The injury or crash. 4400 pound capacity. These axles may be rear differential may have been insuffi- missing inner bearing races on the hubs, ciently filled, possibly resulting in its Mack Trucks, Inc. (Mack) is recalling which can cause the bearing to fail or the failure. If the rear axle assembly fails, it certain 2019 Mack Anthem trucks hub to overheat. The wheel hub may over- can cause a loss of drive or the rear equipped with Jost fifth wheel couplings. heat and smoke, increasing the risk of a wheels may lock up. Either scenario The fifth wheel may have an outboard fire or the bearing may fail, affecting han- increases the risk of a crash. slider bracket that is too narrow, possibly dling and increasing the risk of a crash. allowing the trailer to separate from the PACCAR Incorporated (PACCAR) is tractor. If the trailer separates from the Fabform Industries, Inc. (Fabform) is recalling certain 2016-2019 Kenworth tractor, it can increase the risk of a crash. recalling certain 2018 EPT dump trailers. C500, T660, T800, and W900 vehicles, The hinges welded on the bottom frame equipped with 1.9M ISX15 engines. The Spartan Motors USA (Spartan) is recall- may fracture and the dump box may engine harnesses may have been manu- ing certain 2018-2019 Spartan Specialty unexpectedly fall. If the dump box falls factured without check engine light (CEL) K2 vehicles. The park brake systems on unexpectedly, it can increase the risk of and stop engine light (SEL) circuits, pre- these chassis may not be able to prevent injury or death. venting the driver from being warned of a the vehicles from moving unintentionally serious engine problem. If the driver is if parked on a grade. As such, these vehi- Webasto Charging Systems, Inc not warned of a serious engine problem, cles fail to comply with the requirements (Webasto) is recalling certain AeroViron- the engine may unexpectedly fail, increas- of Federal Motor Vehicle Safety Standard ment TurboCord and TurboDock/ ing the risk of a crash. (FMVSS) number 121, “Air Brake Systems.” TurboDX electric vehicle charging If the vehicle moves unintentionally while systems. Capacitors within these charging Volvo Car USA LLC (Volvo) is recalling parked on a grade, it could increase the systems may fail, possibly resulting in a certain 2019 Volvo XC40 vehicles. The risk of a crash. shock hazard or a fire. An electrical shock brake pedals may not have been correctly or a fire can increase the risk of riveted, allowing the pedal to move out of injury or death. position, possibly reducing braking per- formance. Reduced braking performance Navistar, Inc. (Navistar) is recalling can increase the risk of a crash. certain 2015-2019 IC Bus CE school buses,

JereBeasleyReport.com 33 Other Safety Recalls ponics, of Vancouver, Washington, pur- Boy Scouts Of America Recalls chased Sunlight Supply’s assets on June 4, Neckerchief Slides Due To Violation Of CFMOTO Recalls All-Terrain Vehicles Due 2018. Manufactured in China. Consumers Federal Lead Content Ban To Fire Hazard should immediately stop using the recalled humidifiers and return them to About 110,000 neckerchief slides have CFMOTO Powersports Inc., of Plym- the place of purchase for a full refund of been recalled by Boy Scouts of America, outh, Minnesota, has recalled 5,300 the purchase price in the form of store of Charlotte, North Carolina. The colored CFORCE all-terrain off-highway vehicles credit. Contact Sunlight Supply toll-free at enamel on the neckerchief slides contains (ATVs). The fuel hose can crack and fuel 888-582-2762 from 9 a.m. to 5 p.m. ET levels of lead that exceed the federal lead can leak from the vehicle, posing a fire Monday through Friday, e-mail at RMA@ content ban. Lead is toxic if ingested by hazard. This recall involves 2016-2018 sunlightsupply.com or online at www. young children and can cause adverse CFORCE 400, 2017-2018 CFORCE 500S sunlightsupply.com and click on “Volun- health issues. This recall involves Boy and 2017-2018 CFORCE 500HO ATVs with tary Recall” for more information. Scouts of America’s neckerchief slides. 400cc to 500cc, 4-cycle engines. The The brass neckerchief slides were sold in “CFMOTO” logo is located on the front four styles: red wolf, green bear, orange and rear grille, and a “CFORCE” decal is lion and blue Webelos. “Made in China” Titan Recalls Weight Lifting Safety Straps on each side of the fuel tank. CFMOTO and P.O. number 200228276, 20023175, Due To Injury Hazard CFORCE vehicles were sold in orange, 200233281 or 200236630 are printed on a blue, red and gray. The vehicle identifica- Titan Manufacturing and Distributing white label attached to the back of the tion number (VIN) is located under the Inc., of Collierville, Tennessee, has neckerchief slide. seat on the top of the right side, top recalled about 970 Titan safety straps. The The slides were sold exclusively at Boy frame rail. stitching in the strap can come loose Scouts of America retail stores and autho- The vehicles were sold at CFMOTO causing heavy weights to fall on consum- rized distributors nationwide and online dealers nationwide from November 2015 ers, posing an injury hazard to the weight at www.scoutshop.org from February through July 2018 for between $4,200 and lifter. This recall involves Titan weight 2018 through August 2018 for about $6. $6,000. Consumers should immediately lifting safety straps with steel mount Consumers should immediately stop stop using the recalled ATVs and contact a brackets to hold the weights. The straps using the recalled neckerchief slides, take CFMOTO dealer to schedule a free repair. are used to catch the weights if a user them away from children and return them CFMOTO is contacting all registered were to drop them during an exercise. to any Boy Scouts of America retail store owners directly. Contact CFMOTO toll- The recall includes straps with model or distributor for a free replacement neck- free at 888-823-6686 from 8 a.m. to 5 p.m. numbers 24T3STR AP, 26T2STR AP, erchief slide, including shipping. Contact CT Monday through Friday, email at info@ 30X3STRAP, 36T3STRAP, X2STRAP24, Boy Scouts of America at 800-323-0736 cfmotousa.com or online at www.cfmo- 24X3STRAP, 36X3STRAP. The Titan logo from 8 a.m. to 7 p.m. ET Monday through tousa.com and click on Customer Care and model numbers are contained on the Friday, email at customerservice@scout- and then Vehicle Safety for more informa- product’s packaging. The safety straps shop.org, or online at www.scoutshop.org tion. Photos available at: https://www. were sold in packages of two. The and click on the Product Recall link at the cpsc.gov/Recalls/2018/CFMOTO-Recalls- company has received one report of a bottom of the page for more information. AllTerrain-Vehicles-Due-to-Fire-Hazard strap breaking when subjected to moder- Photos available at: https://www.cpsc. ate weight and is aware of three other gov/Recalls/2018/Boy-Scouts-of-America- reports of strap failures. No injuries have Recalls-Neckerchief-Slides-Due-to-Viola- Hawthorne Hydroponics Recalls Humidifiers been reported. tion-of-Federal-Lead-Content-Ban. Due To Fire And Shock Hazards The straps were sold online only at Amazon.com, eBay.com, Sears.com, Hawthorne Hydroponics has recalled Walmart.com and www.Titan.fitness from Ground Beef Recalled By Cargill Meat about 400 humdifiers. This recall involves August 2017 through March 2018 for Solutions Ideal-Air 175-pint industrial grade humidi- between $75 and $100. Consumers should fiers. The recalled humidifiers are black immediately stop using the recalled straps More than 132,600 pounds of ground and have the “Ideal-Air” logo printed near and contact Titan for a full refund or free beef products made from the chuck the bottom. The humidifiers can overheat replacement straps. Titan is contacting all portion of the carcass are being recalled while in use, posing fire and shock known purchasers directly. Contact Titan because the meat may be contaminated hazards. The company is aware of fivein- at 800-605-8241 from 8 a.m. to 5 p.m. CT with Escherichia coli O26 (E. coli), a bac- cidents of the humidifier overheating. No Monday through Friday, email info@ teria that can cause potentially life threat- injuries have been reported. titandistributorsinc.com or online at ening illness in some humans. At least 17 The humidifiers were sold at Green- www.titan.fitness and click on “Product people have been sickened and one Coast Hydroponics, Growers House, Recall” for more information. person has died between July 5 and July Hydro Pros, Urban Garden Center, Red 25, 2018, after eating the meat. Flag Products stores and other gardening The recall was initiated by Cargill Meat stores nationwide from October 2017 Solutions, a Fort Morgan, Colorado-based through June 2018 for about $500. establishment. Affected ground beef prod- Manufacturer(s): Ningbo Yichao Muffler ucts were produced and packaged on Science and Technology Co. Ltd., of June 21, 2018, and bear the establishment China. Importer(s): Sunlight Supply Inc., number “EST. 86R” inside the USDA mark of Vancouver, Wash., Hawthorne Hydro-

34 BeasleyAllen.com of inspection. The products were shipped XX. where she helps organize and maintain to retail locations nationwide and were hip and knee replacement clients’ files. sold under various brand names. A list of FIRM ACTIVITIES Prior to working in the Mass Torts the affected products can be found on the Section, Donna worked as a legal assistant company’s product list. in the firm’s Toxic Torts Section. The USDA is concerned that some Employee Spotlights In 1995, Donna obtained her Paralegal people who purchased the meat may have Certificate from Auburn University. She frozen the meat for future use. Consum- worked for a civil defense firm along with THERESA PERKINS ers should check their freezers for other Plaintiff and general practice firms Theresa Perkins is marking her 19th year affected ground beef products. Anyone before joining Beasley Allen. with the firm this month and is a Legal with recalled meat products should not A Montgomery native, Donna now Assistant working with Graham Esdale in consume them, but return them to the resides in Eclectic, Alabama, with her the Personal Injury & Product Liability place of purchase. husband, John. Donna and John have Section. She drafts complaints, responds An investigation by the United States been married for 27 years and have three to discovery requests, communicates with Department of Agriculture (USDA) Food children. Their son, Dylan, is a worship clients and experts and spends a large Safety and Inspection Service (FSIS) leader in Savannah, Georgia. Their twin amount of time organizing and preparing traced the illnesses and death to the con- daughters, Leslie and Preslie, are regis- cases for trial. Theresa also coordinates sumption of ground beef products pur- tered nurses. The couple also has three the firm’s Capitol Hill Nursing Home chased at various retail stores that were fur babies—a cat, a German shepherd and Angel Tree charity each year. She said she supplied by Cargill Meat Solutions. a basset hound. has been blessed to be part of this cause, E. coli O26 is a variation of Shiga toxin- Donna enjoys visiting flea markets in which other employees are incredibly producing E. coli. People infected with her spare time but prefers spending time generous to support by buying Christmas this strain of E. coli typically become ill with her family over other activities. She gifts for a large number of residents at the two to eight days after exposure to the especially loves spending time with her local nursing home. organism. Most will develop diarrhea, grandchildren, Emilyn (20 months) and The Auburn University Montgomery which is often bloody, and vomiting. Liam (15 months). She says, “Children are graduate holds a Bachelor of Science Some illnesses last longer and can be the rainbow of life while grandchildren degree in Justice and Public Safety and a more severe. Most people recover within are the pot of gold.” Legal Assistant certificate. Theresa met a week, but on rare occasions, some Donna is also a hard-working, dedi- her husband Scott while in college and develop more servere infections, like cated employee who is valuable member they have been married 23 years. Scott is hemolytic uremic syndrome (HUS), a type of the Beasley Allen family. We are most a senior officer with the State of Alabama, of kidney failure. HUS can occur in fortunate to have her with us. Board of Pardons and Paroles. Their people of any age but is most common in daughter, Katie, is a Junior at Montgomery children younger than 5, older adults, and LAURA REAVES Catholic Preparatory School and has been people with weakened immune systems. Laura Reaves has been with the firm for co-captain of the color guard team for Symptoms of HUS include easy bruising, 17 years and is the Legal Assistant two years. She is also a member of the pallor and decreased urine output. working with Chris Glover, Managing track and field team. The family also has Anyone who experiences these symptoms Attorney for the Atlanta office. She is in two rescue dogs, Honey (8) and Rosie (3), should seek medical attention the firm’s Personal Injury & Product Lia- they love spoiling. immediately. bility Section. Previously, Laura worked in Theresa and her family are members of the firm’s Insurance Fraud and Nursing Once again there have been a large Holy Spirit Catholic Church where she Home Sections. Her current responsibili- number of recalls since the last issue. enjoys volunteering. In her spare time, ties include assisting Chris with every While we weren’t able to include all of Theresa enjoys running, bicycling and aspect of cases involving personal injury them in this issue, we included those of hiking. Her biggest passion is volunteer- or death involving trucking and product the highest importance and urgency. If ing with her daughter at the Montgomery liability cases. Specifically, she drafts you need more information on any of the Humane Society where they help place pleadings and discovery, facilitates com- recalls listed above, visit our firm’s web abandoned animals into loving families munications with experts and consul- site at BeasleyAllen.com or on our con- and promote responsible pet ownership. tants, courts, clients and witnesses. Laura sumer blog at RightingInjustice.com. We And, this time of the year you can also also manages clients’ files, reviews would also like to know if we have missed find Theresa cheering on the medical records and helps with discovery any significant recall that involves a safety Auburn Tigers! review and assists at trials. issue. If so, please let us know. As indi- Theresa is a very good, hard-working Laura earned an Associates of Science cated at the outset, you can contact employee who is dedicated to the firm in Legal Studies from Faulkner University Shanna Malone at Shanna.Malone@beas- and the clients she and Graham represent. and a Bachelor of Arts in International leyallen.com for more recall information We are blessed to have her with the firm. Business from Huntingdon College. She is or to supply us with information a Certified Paralegal through the National on recalls. DONNA PUCKETT Association of Legal Assistants or NALA— Donna Puckett has been working in the The Paralegal Organization. She is a legal field for more than three decades member of the Montgomery County Bar and has been with the firm for 17 of those Association, Inc. Paralegal Division, years. She is Legal Assistant to Navan NALA—The Paralegal Organization, and Ward, Jr. in the firm’s Mass Torts Section

JereBeasleyReport.com 35 serves as the Region II Director for the in dozens of jury trials in his legal career, has also been selected to the invitation- Alabama Association of Paralegals, Inc. many of which have resulted in large ver- only National Trial Lawyers: Top 100. Laura recently shared her knowledge and dicts for his clients. He was appointed to Closer to home, his law partners awarded experience as a speaker at the Alabama serve on the Plaintiffs Steering Commit- him the Beasley Allen Litigator of the Year Association of Paralegals, Inc. Winter tee (PSC) for multidistrict litigation (MDL) (2010) and the Chad Stewart Seminar in February 2018 where she pre- surrounding a massive data breach affect- (2014) awards. sented information about “Electronic ing customers of Community Health Gibson says the people who make up Filing in Today’s Courts.” Systems Inc. (CHS). The company admit- the firm are what he believes set Beasley As a volunteer in the community, Laura ted data from its affiliated physician prac- Allen apart from other firms. He observes: serves as a mentor at Flowers Elementary tices and clinics was breached, affecting school in Montgomery, Alabama. She also potentially 4.5 million patients. Gibson Most people know that our firm has volunteers with the Information Table/ also received a $2.9 million verdict for his some of the best lawyers in the Media Duplication Center at Centerpoint client in a securities fraud case in Henry country. But what really makes our Fellowship Church in Prattville, Alabama, County, Alabama. firm special is the fact that we have where she and her family are members. In addition to helping people, Gibson’s some of the best people in the world Laura and her husband, Jamie, have favorite part of practicing law is trying working here. From our receptionist been married for 16 years and they have a cases. In fact, in his third year of law all the way to those helping lead the 12-year-old son, Hunter, who is a student school, Gibson obtained a special license firm…. they are just good people. at Edgewood Academy in Elmore County, that would allow him to try cases. He Gibson is truly dedicated to helping Alabama. Hunter is involved in a number began his active law practice even before folks who need help and he has a “ser- of sports including, football, baseball, and graduation and tried three jury trials vant’s heart,” which is his motivation for basketball. When she isn’t working or vol- while still in law school. Gibson says: doing all that he does. Gibson is a tremen- unteering, Laura loves spending time with There is no greater level of excite- dous asset to the firm and we are blessed her family, including their three rescue to have him with us. dogs. She said that she and her family ment than representing a client in most likely can be found at the ballfield, trial that really needs your help. but they also enjoy an occasional lazy day Most of our clients have been seri- on the river, kayaking or catch- ously injured or mistreated and XXI. have no one else to turn to for help ing a movie. SPECIAL Laura is another hard-working, dedi- but our law firm. cated employee who cares about the Gibson is an active member of several RECOGNITIONS clients she and Chris represent. We are national organizations and is a leader blessed to have Laura with the firm. within the profession. Currently, he is President of the Southern Trial Lawyers Soo Seok Yang, Doh Ah Kim Selected For GIBSON VANCE Association and represents the Alabama Next Generation Korean-American Leaders Although born in Troy, Alabama, State Bar as its Bar Commissioner for the Group Gibson Vance grew up in Fort Valley, 15 th Judicial Circuit. He also serves on the Georgia, where his passion to help people Soo Seok Yang is a Senior Staff Attorney Alabama State Bar Elections, Ethics, and was cultivated by witnessing the lives in our firm’s Mass Torts Section. His wife Government Relations Committee and the and, at times, struggles of the working- Doh Ah Kim is a lawyer and Senior Com- Alabama Legislative’s Business Litigation class people in his community. He soon munity Liaison Specialist at the Gover- and Complex Litigation Study Committee. realized that due to limited resources, nor’s Office of Minority Affairs for Gibson previously served as President of quite often many folks in his community Alabama Governor Kay Ivey. the American Association for Justice (AAJ) had few options for help. Watching Soo Seok and Doh Ah have been and the Alabama Association for Justice lawyers on television and in movies, such selected by the Consul General and the (ALAJ). He is an active member of the as Perry Mason and Matlock, Gibson soon Office of Consul General of South Korea Montgomery County Bar Association realized that lawyers have a unique in Atlanta, Georgia, as part of the Next where he has served as President and opportunity to help folks who have Generation Korean-American Leaders. President of its Young Lawyer’s Section. nowhere else to turn for help. Gibson The Consulate sponsors the annual lead- Gibson also served as a member of the knew that when he grew up, he wanted ership group, which consists of 15 to 20 organization’s Board of Directors for to become a lawyer so that he could help young Korean-American professionals several years. folks like those in his hometown. Since from across the southeastern U.S. who are Gibson’s experience, skill and leader- joining our law firm 18 years ago, that is prominent in their professions and recog- ship have been recognized and honored exactly what Gibson has been doing in nized as leaders in their communities. on numerous occasions. In January 2017, and outside of the courtroom. Participants enjoy networking and lead- Gibson joined the Fellows of the Alabama As a lawyer in both the firm’s Personal ership training opportunities, allowing Law Foundation and was inducted into Injury & Product Liability and Consumer them to grow together as a core group so the American Board of Trial Advocates Fraud & Commercial Litigation Sections, that they can help promote and support (ABOTA) in November 2015. He is the Gibson focuses on claims against those Korean-American communities and activi- recipient of the ALAJ’s Spirit Sword/Presi- who negligently or intentionally harm ties in the U.S. The Consulate serves the dent’s Award, the AAJ’s New Lawyer’s others. His clients include individuals and jurisdictions of Georgia, Alabama, Florida, Division Joe Tonahill Award, and the AAJ’s small businesses. Gibson has participated North Carolina, South Carolina and Ten- Wiedemann & Wysocki Award. Gibson

36 BeasleyAllen.com nessee as well as the commonwealth of award-winning, highly competitive may exalt you at the proper time, Puerto Rico and the U.S. Virgin Islands. program designed to bring together and casting all your anxiety on Him, There are an estimated 250,000 Koreans train tomorrow’s leaders from across because He cares for you. 1 in The Consulate’s jurisdiction. It pro- the state. Peter 5:6-7 motes Korean companies’ business envi- Outside of his work as a lawyer and an ronment in the Southeast, partnering unofficial ambassador for the local I can do all this through him who with local and state governments in the Korean-American community, Soo Seok gives me strength. Philippians 4:13 region, and supports the activities of serves as a deacon, and a praise and Danielle Mason, a lawyer in our firm’s future generations of Korean-Americans. worship leader for the international Mass Torts Section, supplied a verse for Soo Seok says he feels a strong responsi- department at First Baptist Church in this issue. She says one of the hardest bility to serve as a bridge between the Montgomery where he and he family are things for her is trying to make sense of American and Korean communities in members. He also enjoys singing, writing things that do not always make sense, and Alabama. Currently, he serves as Execu- songs and playing the guitar and has par- trying to understand that which can’t be tive Director for the Korean American ticipated in several professional Christian understood. Danielle says this challenge Association of Montgomery. His efforts recordings. Soo Seok and Doh Ah have was especially difficult for her recently as have earned him three commendation four children: Yookyum Abraham, Yoojin she and her family dealt with the tragic awards by the Federation of Korean Asso- Johanna, Yooha Elijah and Yooeun passing of her father. She says that God’s ciations of Southeast USA in 2011, 2012 Hannah Grace. Both their parents serve as grace and peace continue to get them and 2017. Soo Seok and Doh Ah are missionaries in Taiwan. Soo Seok speaks through these hard times, and that this humbled by being selected to represent Korean and conversational Chinese. word from the Lord has always helped me Alabama in this latest endeavor to Sources: Consulate General of the Republic of Korea in times of great confusion and stress: combine their native and adopted heri- in Atlanta tages. Soo Seok said: Trust in the Lord with all your heart and lean not on your own under- It is an honor to be in this group standing; in all your ways submit to and it is my hope that wherever we XXII. him, and He will make your paths are and whatever we do, we all FAVORITE BIBLE straight. Proverbs 3:5-6 keep encouraging and inspiring each other by doing good works for VERSES Meredith West, a receptionist in one of the communities. our firm’s buildings, furnished a verse for this issue. She says that she had to think LaBarron Boone, a lawyer in our Per- The Consulate hosted a reception long and hard before selecting just one sonal Injury & Products Liability Section, dinner for participants at the Consul Gen- verse. She said that’s because as verses sent in several verses for the October eral’s mansion located in Atlanta. Soo flooded her mind, each carried different issue. He said these versus have helped Seok and Doh Ah met their fellow leader- memories, seasons of life when that verse him and that they will help others. ship group members including other spoke truth to her, upheld her, or revealed lawyers, business leaders heavily involved “And my God will meet all your a new aspect of God in her life. But she in trade between the U.S. and South needs according to the riches of his kept coming back to one verse that has Korea, elected and appointed government glory in Christ Jesus.” Phi- been the overture throughout all these leaders, including Representative Sam lippians 4:19 years, a single verse that has become her Park, a 32-year-old Korean-American life motto: Georgia State Representative; Michael “But seek first his kingdom and his Kim, Florida Department of Transporta- righteousness, and all these things One thing I ask from the LORD, this tion District Materials Engineer; Caroline will be given to you as well.” only do I seek: that I may dwell in Um, President of the Korean American Matthew 6:33 the house of the LORD all the days Coalition Metro Atlanta Chapter; Tae- of my life, to gaze on the beauty of woong Yoon, Director of the KOTRA the LORD and to seek him in his “For I know the plans I have for (Korea Trade-Investment Promotion temple. Psalm 27:4 you,” declares the Lord, “plans to Agency)’s Korea Business Center in prosper you and not to harm you, Atlanta; Michael Park, President of the plans to give you hope and a Korean American Scholarship Founda- future.” Jeremiah 29:11 tion—Southern Region; Jung Hyun Lee, XXIII. President of the Georgia Tech Korean Be anxious for nothing, but in Student Government Association; and everything by prayer and supplica- CLOSING Eunjung Nam, President of the Korean tion with thanksgiving let your OBSERVATIONS Graduate Student Association at Georgia requests be made known to God. State University. And the peace of God, which sur- Soo Seok also provides leadership in passes all comprehension, will A Look At Conflict Of Interest Issues several areas of the legal profession. Last guard your hearts and your minds Concerning The FDA year, the Alabama State Bar selected him in Christ Jesus. Philippians 4:6-7 to be one of only 30 lawyers in the State There are some serious questions con- Bar’s 2017 Leadership Forum. The Therefore humble yourselves under cerning possible conflicts of interest con- Alabama State Bar Leadership Forum is an the mighty hand of God, that He cerning the U.S. Food and Drug

JereBeasleyReport.com 37 Administration (FDA) and the agency’s company,” Vinay Prasad, hematolo- Genevieve Kanter, a University of advisors. A recent article on this subject is gist-oncologist with Oregon Health & Pennsylvania economist who has set out below. This article is well-written Science University Portland, told studied conflicts of interest in FDA and contains information that all Ameri- Science. Dr. Prasad studied financial drug evaluations, told Science that can citizens need to know. conflicts in drug approvals and said the FDA system for evaluating possi- that there may not be a spoken agree- ble conflicts of interest could be Do Big Pharma Payments To FDA ment between the panel member and strengthened in order to protect Advisors Constitute A Conflict Of the drug company, “but you don’t against possible bias. Interest? have to evoke that to be very con- cerned. It’s in their best interest to But Carl Elliot, a medical ethicist at A report conducted by Science maga- play nice with these companies.” the University of Minnesota, sug- zine has raised red flags about a pos- gested that, “Even in the best of cir- sible conflict of interest among the The evidence is in the data, which cumstances, disclosure is a experts charged with advising the Science pulled from physician disclo- remarkably weak way of controlling Food and Drug Administration (FDA) sures in publications and Centers for conflicts of interest. A better way on whether a medication should be Medicare & Medicaid Services would simply be for the FDA to say, granted marketing approval. Specifi- records from 2013 to 2016 posted on ‘We are not taking anybody with any cally, investigators uncovered a con- the federal Open Payments website. kind of conflict on an advisory cerning trend of compensation The analysis focused on direct pay- committee.’” flowing from pharmaceutical compa- ments to physicians from companies nies to drug advisory panel members. whose pharmaceuticals were voted It can be done. In fact, the European on as well as payments from compa- Medicine Agency (EMA), which holds FDA Advisory Committees provide nies selling competing drugs or a similar regulatory role in the United the agency with independent advice researching drugs from the same Kingdom to that of the FDA in the from outside experts—typically phy- class for the same indication. The United States, prohibits the appoint- sicians and researchers, but also analysis also looked at “associated ment of advisory committee industry experts, consumers and research” funding by a drug company members having any relationships occasionally a patient representa- to an FDA advisor either directly or with pharmaceutical companies tive—on issues related to human through their institution typically for three years prior to their service. drugs, vaccines and other biological research funding. These payments Sources: Science and the FDA products, and medical devices. Com- are vital to a scientist’s career mittee members review and discuss advancement and compensation. preclinical and clinical trial data Our Monthly Reminders detailing the drug’s safety and effi- What the analysis revealed was star- cacy profile, then vote whether to tling. During the four-year study recommend the drug for approval. period, 40 of the 107 physician advi- If my people, who are called by my The FDA isn’t required to follow the sors received more than $10,000 in name, will humble themselves and advice of the committees, but it earnings or research support from pray and seek my face and turn usually does. the drug companies whose drugs from their wicked ways, then will I they voted to approve or from com- hear from heaven and will forgive To identify suitable panel members, peting firms. Twenty-six received their sin and will heal their land. the agency first uses a well-estab- more than $100,000, and seven were 2 Chron 7:14 lished system to flesh out potential given more than $1 million each. committee members with possible conflicts of interest that includes The vast majority (94 percent) of the All that is necessary for the triumph requiring them to reveal potential $26 million in personal payments or of evil is that good men do nothing. existing conflicts of interest such as research support paid by the drug details of investments, contracts, industry to the top 17 earning advi- Edmund Burke research support, or other payments sors came from manufacturers of from drug companies. But a loophole drugs that advisors had either Woe to those who decree unrigh- in this system allows prospects to reviewed or from their competitors. teous decrees, Who write misfor- keep mum about any support they tune, Which they have prescribed. Furthermore, most of the top earners may receive between the appoint- To rob the needy of justice, And to received payments from the same ment to the committee and the actual take what is right from the poor of drug companies while they were panel meeting, as well as any finan- My people, That widows may be serving on the committee or the year cial incentives received after the their prey, And that they may rob prior to serving. But the FDA never committee votes to approve or the fatherless. reject a drug. disclosed this information. Science obtained it through schol- Isaiah 10:1-2 “The people who are asked to weight arly journals. this evidence impartially often stand Weeding out bias I am still determined to be cheerful to gain tremendously in their further and happy, in whatever situation I professional careers from a positive may be; for I have also learned relationship with the (drug)

38 BeasleyAllen.com from experience that the greater resources and heritage, specifically capi- history that we can reflect on with fond- part of our happiness or misery talizing on the distinctive architectural ness, and remember lessons learned from depends upon our dispositions, and character of lower Commerce Street. The past mistakes. Beasley Allen has been not upon our circumstances. award was presented at the group’s Pres- blessed with resources that have allowed ervation Awards Reception. us to restore tangible connections to Martha Washington (1732—1802) Our firm has invested millions in his- Montgomery’s past and build for toric preservation and revitalization of our future. The only title in our Democracy downtown Montgomery. This includes The award’s namesake, James Loeb, a superior to that of President is the purchasing and renovating historic build- World War II veteran, founded Loeb & title of Citizen. ings along Commerce Street, which is Company, Inc., a cotton exchange busi- now considered a jewel of downtown ness, in Montgomery in 1969 after Louis Brandeis, 1937 Montgomery. The street was added to the working in the business for more than 20 U.S. Supreme Court Justice National Register of Historic places in years. Loeb was committed to making 1979 with boundary expansions in 1982 Montgomery, both the community and The dictionary is the only place that and 1987. civic life, all it could be and had a deep success comes before work. Hard Greg Allen and this writer joined with passion for historic preservation. In 1967, work is the price we must pay for the City of Montgomery in the develop- he established the Landmarks Foundation success. I think you can accomplish ment and creation of the downtown Alley to foster, encourage and lead the historic anything if you’re willing to pay Entertainment District area, which con- preservation movement in Montgomery. the price. nects Commerce Street across from the He also founded what is now Old Alabama Renaissance Montgomery Hotel & Spa at Town and served as its president for Vincent Lombardi the Convention Center with Tallapoosa many years. Street. We opened Alley Station in 2009, It has been great to see the transforma- which serves as an anchor for the Alley. tion of Montgomery’s downtown area While preserving the area’s architecture over the years and Greg and I are highly XXIV. and charm, Alley Station serves as home pleased that Beasley Allen was able to PARTING WORDS to the Equal Justice Initiative’s Ticket have been a part of that important trans- Booth, Jalapeños (Mexican-style restau- formation. All of us at Beasley Allen enjoy rant), Saza (Italian restaurant), the Ware- the revitalization projects. These projects house (event venue), The Flats (loft-style allow us to restore the beauty of once-for- Beasley Allen Honored To Receive The apartments), The Rooftop Terrace gotten and neglected landmarks. The James Loeb Award For Historic (rooftop garden event venue) and the Ball- economy in Montgomery, as well as all Preservation room (event venue). parts of the River Region, are benefiting Our Law Firm has received the annual Our law firm was honored to have been from the restoration and revitalization of James L. Loeb Preservation Award by the selected for this award. It is very impor- Montgomery. Beasley Allen has been Landmarks Foundation of Montgomery. tant to preserve buildings, monuments blessed over the years and we believe that The award recognizes the firm’s contribu- and other physical locations from earlier we have a strong obligation to invest in tions to preserving Montgomery’s historic times because they bring life to a shared and promote the Capital City.

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) Presorted Standard POST OFFICE BOX 4160 U.S. Postage PAID MONTGOMERY, ALABAMA 36103-4160 Montgomery, AL TOLL FREE 1 (800) 898-2034 Permit No. 275 BEASLEYALLEN.COM

On January 15, 1979, Jere L. Beasley established a one-lawyer firm in Montgomery, Alabama, which has grown into the firm now known as Beasley, Allen, Crow, Methvin, Portis & Miles, P.C.

Jere has been an advocate for victims of wrongdoing since 1962, when he began his law practice in Tuscaloosa and then his hometown of Clayton, Alabama. He took a brief hiatus from the practice of law to enter the political arena, serving as Lieutenant Governor of the State of Alabama from 1970 through 1978. He was the youngest Lieutenant Governor in the United States at that time. During his tenure he also briefly served as Governor, while Gov. George Wallace recovered from an assassination attempt.

Since returning to his law career, Jere has tried hundreds of cases. His numerous courtroom victories include landmark cases that have made a positive impact on our society. His areas of practice include litigation in products liability, insurance fraud, business, nursing home and personal injury.

It has been nearly 40 years since he began the firm with the intent of “helping those who need it most.” Today, Beasley Allen has offices in Atlanta and Montgomery, and employs more than 250 people, including more than 75 attorneys. Beasley Allen is one of the country’s leading firms involved in civil litigation on behalf of claimants, having represented hundreds of thousands of people.

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