Judge Fallon has extended the deadline to file Chinese drywall claim forms in the global settlement. The deadline was supposed to be today, Monday September 30th, but the PSC filed a joint motion with Defense counsel on Friday asking that the deadline be extended to October 25th. Judge Fallon granted the motion and the deadline has been extended as requested.
One can still file their claims before this deadline as the review committee is expected to process the claims on a rolling basis as they come in.
Monday, September 30, 2013
Thursday, September 26, 2013
Unusual Hip Replacement Ad
Click on the link below for a rather unusual hip replacement ad. With all the bad press hip replacement companies have been getting lately due to the massive amount of recalls, it looks like these corporations are trying to win back some public opinion.
Tuesday, September 24, 2013
Bellwether MDL ASR Case Postponed Again
The first bellwether case to be tried in the MDL out of Ohio has been postponed again.
The trial was to begin today, September 24, after it was continued from a setting of September 9th. Judge Katz issued an Order yesterday citing reasons such as the difficulty in the scheduling of expert witnesses for appearance at trial and the need to conduct more discovery. Judge Katz did not reset the date for the trial to begin, but instead left it open for commencement within 90 days.
Two state court trials are still set to proceed. One is set for October 15 in California and the other is set for October 21 in New Jersey. We will be monitoring these cases closely.
The trial was to begin today, September 24, after it was continued from a setting of September 9th. Judge Katz issued an Order yesterday citing reasons such as the difficulty in the scheduling of expert witnesses for appearance at trial and the need to conduct more discovery. Judge Katz did not reset the date for the trial to begin, but instead left it open for commencement within 90 days.
Two state court trials are still set to proceed. One is set for October 15 in California and the other is set for October 21 in New Jersey. We will be monitoring these cases closely.
Thursday, September 19, 2013
Deadline To File Claim Submission For CDW Global Settlement 11 Days From Now
As or today, Judge Fallon
has not extended the claims deadline. Therefore, the deadline for you to
submit a Claim Form is Monday,
September 30, 2013.
Tuesday, September 17, 2013
NCAA Concussion Lawsuit Heating Up
With all of the news a few weeks ago about the NFL concussion lawsuit settlement, it was amazing that more news was not devoted to its "sister" lawsuit against the NCAA. One of them has been going on for more than two years. See this link below for details on that suit:
http://www.cbssports.com/collegefootball/writer/dennis-dodd/23222960/ncaa-considering-settlement-of-arrington-concussion-suit
The original lawsuit seeks class certification which would represent any college sports athlete who played in a NCAA-participating school. One of the named plaintiffs is a female, so it is not all about football.
Another lawsuit was filed in recent weeks seeking class certification for only those college football players who did not play in the NFL. Al.com posted a great article examining the differences in those lawsuits and the power struggle going on between the lawyers. See the below link for that article:
http://www.al.com/sports/index.ssf/2013/09/ncaa_concussion_plaintiffs_dif.html#incart_river
With all of the heat the NCAA is taking in the O'Bannon case (see my numerous blogs related to that subject), the last thing the NCAA needs is more bad press and more lawsuits. Is the NCAA's days numbered? We'll know more when the Judges rule on the class cert motions in all of these respective lawsuits.
http://www.cbssports.com/collegefootball/writer/dennis-dodd/23222960/ncaa-considering-settlement-of-arrington-concussion-suit
The original lawsuit seeks class certification which would represent any college sports athlete who played in a NCAA-participating school. One of the named plaintiffs is a female, so it is not all about football.
Another lawsuit was filed in recent weeks seeking class certification for only those college football players who did not play in the NFL. Al.com posted a great article examining the differences in those lawsuits and the power struggle going on between the lawyers. See the below link for that article:
http://www.al.com/sports/index.ssf/2013/09/ncaa_concussion_plaintiffs_dif.html#incart_river
With all of the heat the NCAA is taking in the O'Bannon case (see my numerous blogs related to that subject), the last thing the NCAA needs is more bad press and more lawsuits. Is the NCAA's days numbered? We'll know more when the Judges rule on the class cert motions in all of these respective lawsuits.
Monday, September 9, 2013
ASR Bellwether Trial Delayed
The first bellwether trial to come out of the MDL has been postponed by Judge
Katz for two weeks. The trial was supposed to start today, Monday, September 9 in Cleveland, Ohio.
The reason for the continuance is that there remain outstanding issues that must be resolved by the Court.
For
instance, the Defendants filed a Daubert motion last Wednesday on one of the Plaintiff's key
expert witnesses. Also, the Court had not yet ruled on the critical choice of
law issue that impacts punitive damages (DePuy arguing Indiana or for United Kingdom law
to apply). Defendants also just objected to 600 of the 700 exhibits
identified by the Plaintiff for which the Court has yet to even begun to review.
DePuy served a rebuttal expert report yesterday that the Plaintiff has not had a chance to address.
These and other pending motions must be resolved before either side can open
its case and therefore the Court is opting to adjourn the trial for two weeks.
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