{"id":4882,"date":"2025-03-24T12:15:28","date_gmt":"2025-03-24T12:15:28","guid":{"rendered":"https:\/\/usatrustedlawyers.com\/blog\/judge-who-sanctioned-abbotts-counsel-tosses-nec-defense-verdict-50-firms-are-now-leading-wildfire-litigation-against-edison\/"},"modified":"2025-03-24T12:15:28","modified_gmt":"2025-03-24T12:15:28","slug":"judge-who-sanctioned-abbotts-counsel-tosses-nec-defense-verdict-50-firms-are-now-leading-wildfire-litigation-against-edison","status":"publish","type":"post","link":"https:\/\/usatrustedlawyers.com\/blog\/judge-who-sanctioned-abbotts-counsel-tosses-nec-defense-verdict-50-firms-are-now-leading-wildfire-litigation-against-edison\/","title":{"rendered":"Judge Who Sanctioned Abbott\u2019s Counsel Tosses NEC Defense Verdict, 50+ Firms Are Now Leading Wildfire Litigation Against Edison"},"content":{"rendered":"\n
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Welcome to Law.com Class Actions: Critical Mass<\/b>, a weekly briefing for class action and mass tort attorneys.<\/p>\n<\/div>\n

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This week<\/b>: A Missouri judge who sanctioned Abbott<\/b>\u2019s lead lawyer at an infant formula trial last year tossed the subsequent defense verdict due to \u201cwidespread misconduct.\u201d A Los Angeles Superior Court <\/b>judge approved a team of more than 50 law firms to lead the wildfire litigation against Edison<\/b>. Find out who was appointed to the Depo-Provera<\/b> multidistrict litigation.<\/p>\n<\/div>\n

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I\u2019m Amanda Bronstad<\/b>. Feel free to reach out to me with your input. My email is [email\u00a0protected]. Follow me on LinkedIn<\/u><\/a> or X: @abronstadlaw.<\/p>\n<\/div>\n

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Columbus, Ohio, USA – December 27, 2021: Abbott Nutrition corporate office in Columbus, Ohio, USA. Abbott Nutrition is a pharmaceutical company and division of Abbott Laboratories.. Credit: JHVEPhoto\/Adobe Stock<\/figcaption><\/figure>\n<\/p>\n<\/div>\n

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With Formula Verdict Tossed, What\u2019s Next for NEC?<\/h2>\n<\/p>\n

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A Missouri judge who last year sanctioned Abbott<\/b>\u2019s lead counsel in a high-stakes trial over cow\u2019s milk-based infant formula has tossed out the subsequent defense verdict in that case, citing \u201cwidespread misconduct\u201d <\/u><\/a>on the part of the defendants.<\/p>\n<\/div>\n

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A quick backgrounder<\/b>: The Oct. 31 verdict is the only defense win in the litigation alleging cow\u2019s milk-based infant formula, provided to premature babies in hospitals, has caused NEC, a gastrointestinal illness that causes long-term illness or death. Another manufacturer, Mead Johnson<\/b>, lost the first trial last year after an Illinois jury awarded $60 million in St. Clair County Circuit Court.<\/b> Months later, a jury in 22nd Judicial Circuit Court<\/b> in St. Louis, Missouri, awarded $495 million against Abbott.<\/p>\n<\/div>\n

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The sanctions<\/b>: 22nd Judicial Circuit Judge Michael Noble<\/b>, in an Oct. 24 order, found that James Hurst<\/u><\/a> <\/a>(Kirkland & Ellis<\/b>) had committed \u201cbad faith on several occasions.\u201d He barred Abbott\u2019s lead counsel from presenting closing arguments at the trial.<\/p>\n<\/div>\n

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New trial<\/b>: In his March 13 order, Noble granted the plaintiff\u2019s motion for a new trial, citing many of the same instances that led to his sanctions against Hurst. Both Abbott and Mead Johnson plan to appeal his order.<\/p>\n<\/div>\n

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What\u2019s next<\/b>: The ruling comes as other infant formula trials are coming up. One trial involving four kids who got sick is coming up in June in Cook County Circuit Court <\/b>in Illinois. And, in the multidistrict litigation, in the Northern District of Illinois<\/b>, U.S. District Judge Rebecca Pallmeyer<\/b> has scheduled four bellwether trials. The first one, set for May 5, involves a baby who was fed Abbott\u2019s Similac cow\u2019s milk-based product while in a West Virginia hospital, where she died at 16 days old.<\/p>\n<\/div>\n

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Gerald \u0094Jerry\u0094 Singleton, with Singleton Schreiber. Courtesy photo<\/figcaption><\/figure>\n<\/p>\n

Panish Shea, Baron & Budd, Many Others Lead Lawsuits Over Eaton Fire<\/h2>\n

A Los Angeles Superior Court<\/b> judge approved a leadership team of more than 50 law firms to pursue wildfire litigation against Southern California Edison.<\/b><\/div>\n

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Here\u2019s my story<\/u><\/a> on Monday\u2019s hearing, where Judge Laura Seigle approved the team proposed by interim co-liaison counsel Jerry Singleton<\/u><\/a> <\/a>(Singleton Schreiber<\/b>), Amanda Riddle <\/u><\/a>(Corey Luzaich<\/b>) and Rahul Ravipudi<\/u><\/a> <\/a>(Panish Shea<\/b>). The firms represent individuals and businesses with damages caused by the Eaton fire, which destroyed nearly 10,000 structures and killed 17 people.<\/p>\n<\/div>\n

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Also<\/b>: The judge approved a separate leadership team for government entities, such as Los Angeles County<\/b> and the cities of Pasadena<\/b> and Sierra Madre,<\/b> which all sued earlier this month. Baron & Budd <\/b>partners John Fiske <\/u><\/a>and Torri Sherlin,<\/u><\/a> and Diab Chambers partners <\/u><\/a>Ed Diab and Kristen Barton will lead those cases. More than 100 insurance firms also have sued Edison, and those lawyers in leadership are: Jordan Everakes <\/u><\/a>(Grotefeld Hottman<\/b>), Amanda Stevens<\/u><\/a> <\/a>(Schroeder Loscotoff<\/b>), Howard Maycon<\/u> <\/a>(Cozen O\u2019Connor<\/b>) and Matthew Delinko<\/u> <\/a>(Bauman Loewe<\/b>).<\/p>\n<\/div>\n

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Still unclear<\/b>: Two class actions filed by Lawyers for Justice<\/b> and DiCello Levitt.<\/b> Steven Jodlowski <\/u><\/a>(DiCello Levitt<\/b>) wrote in his firm\u2019s class action:<\/p>\n<\/div>\n

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\u201cThe damages or other financial detriment suffered by plaintiffs and the other class members are relatively small compared to the burden and expense that would be required to individually litigate their claims against defendants, so it would be impracticable for the class members to individually seek redress for defendants\u2019 wrongful conduct.\u201d<\/i><\/p>\n<\/div>\n

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Christopher Seeger of Seeger Weiss. Courtesy photo<\/figcaption><\/figure>\n<\/p>\n

Who Got the Work?<\/h2>\n

A federal judge in Florida named 56 lawyers<\/u><\/a> <\/a>to lead the multidistrict litigation against Pfizer<\/b> linking injectable birth control Depo-Provera<\/b> to brain tumors. U.S. District Judge M. Casey Rodgers,<\/b> of the Northern District of Florida<\/b>, who heard five-minute arguments<\/u><\/a> for leadership from 75 lawyers at a lengthy March 13 hearing, appointed Chris Seeger <\/u><\/a>(Seeger Weiss<\/b>) as lead counsel and Ellen Relkin<\/u> <\/a>(Weitz & Luxenberg<\/b>) and Bryan Aylstock<\/u><\/a> (Aylstock Witkin<\/b>) as co-lead counsel. The March 16 order, which also named lawyers to an executive committee and steering committee, plus liaison counsel and various subcommittees, included 28 women and 28 men. Rodgers faces a judicial misconduct complaint filed last month by a conservative group that accused her of \u201cexplicit preference for females\u201d after she encouraged women to apply for leadership of the Depo-Provera litigation.<\/div>\n

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Here\u2019s what else is happening:<\/p>\n<\/div>\n

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Roundup Reversal<\/b>: A federal judge ordered the distribution of $24.2 million<\/u><\/a> to lead counsel and four other plaintiffs\u2019 firms that worked on the Roundup <\/b>multidistrict litigation. <\/a>U.S. District Judge Vince Chhabria<\/b>, in the Northern District of California<\/b>, who in 2021 severely reduced the common benefit fund from an estimated $800 million, rejected a special master\u2019s recommendation to grant $0. Chhabria, while acknowledging a \u201cdegree of unfairness\u201d his March 13 order would have on lawyers who did not rely that much on lead counsel\u2019s work, called the distribution of common benefit fees \u201cfar from an exact science.\u201d<\/p>\n<\/div>\n

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Poppi Settlement<\/b>: The makers of Poppi\u2019s Prebiotic Sodas<\/b> have asked a federal judge in the Northern District of California <\/b>to approve an $8.9 million settlement<\/u><\/a> in a consumer class action over the advertised health benefits of the popular drinks. <\/a>The settlement, outlined in a March 14 motion for preliminary approval, gives class members 75 cents per can of Poppi, and up to $9 per 12- or 15-pack, with a minimum claim amount of $5 per household. On March 17, PepsiCo<\/b> announced plans to purchase Poppi for $1.95 billion.<\/p>\n<\/div>\n

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Buzbee Sued<\/b>: Tony Buzbee<\/u><\/a> (Buzbee Law Firm<\/b>) was hit with a lawsuit<\/u><\/a> from a former client accusing him of embezzling funds from his $700,000 settlement. Buzbee, who has sued rapper Sean \u201cDiddy\u201d Combs,<\/b> said the suits are retaliation for representing clients against celebrities. The March 10 suit, filed by former client Jose Bermudez in Harris County District Court <\/b>in Texas, said Buzbee stole money from a settlement with Callan Marine<\/b> involving a 2020 injury he suffered while working as a seaman on its vessel.<\/p>\n<\/div>\n

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Thanks for reading Critical Mass! I\u2019ll be back next week.<\/i><\/p>\n<\/div>\n

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