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Home / Zantac / ZANTAC MDL 2924-Recent Rulings and Overall Status

ZANTAC MDL 2924-Recent Rulings and Overall Status

Categories: Zantac Tags: zantacJanuary 18, 2021 by Mark York Leave a Comment

Including comments by Brent Wisner, Baum Hedlund.

MASS TORT NEWS

January 18, 2021

Washington, DC

In Re: Zantac (Ranitidine) Products Liability Litigation MDL 2924 court website

JPML Initial Zantac Transfer Order, Feb. 6, 2020

By Mark A. York, Editor

(MassTortNews.org) United States consumers are learning more and more that healthcare manufacturing oversight has failed to monitor what is in drugs offered to the general public. Zantac is now being confirmed to be contaminated with carcinogenic ingredients. While foreign production and manufacturing of ingredients might play a role in the contamination, corporations have at their fingertips the ability to cross-check manufacturing and quality control policies worldwide. How can  pharmaceutical companies justify the sudden discovery of carcinogenic ingredients like NDMA in prescription and OTC drugs only when the FDA alerts the public?

As millions of US consumers rely more and more on foreign quality control in our pharmaceutical manufacturing that has been outsourced simply because of the catastrophic cost reductions overseas, when will the courts actually start penalizing Big Pharma, both financially and injunctively? It appears as if the regulatory oversight offered by foreign governments like China and India who are  manufacturing critically needed pharmaceuticals is shallow at best and at times missing in action. With the recent administration slashing regulations here in the US, there’s little hope of enforcement overseas, where US interests are now seen as secondary and at best having a paper tiger enforcement role as well as being politically off-base.

There have been recent rulings in the Zantac MDL where certain claims may have adversely affected parts of the primary claims, or possibly not.

Brent Wisner of Baum Hedlund offered this on the recent rulings:

“The MDL Court’s ruling is a mixed bag,” stated Baum Hedlund trial attorney Brent Wisner, who obtained a $2B verdict as co-lead counsel in the Monsanto Roundup litigation. “Judge Rosenberg has clearly signaled that she wants this MDL focused on the Brand Defendants and users of brand name Zantac. But she left a lot of doors open. In fact, every defendant is still in the case and the Court gave excellent guidance about how the Plaintiffs can plead claims against each defendant, including claims against a generic manufacturer. Overall, despite the Defendants’ attempt to kill the case, these lawsuits are very much alive and we hope to press forward to trial, whether in the MDL or in state court, as soon as possible. Too many people have been devastated by this product, and the sooner we can get this misconduct before a jury, the sooner we can start finding justice for our clients.” Wisner is representing thousands of Zantac (ranitidine) cancer victims across the country.

Here is a link to a May 2020 complaint that alleges Zantac caused bladder cancer:

CIVIL ACTION NO: 9:20cv80737 Willams Complaint May 2020 Zantac MDL

DOJ Starts False Claims Investigation

Following the U.S. Food & Drug Administration’s recall of Zantac products, the Department of Justice is now investigating at least two of the drug’s primary manufacturers for possible violations of the False Claims Act.

After issuing several warnings, the FDA in April officially requested that manufacturers withdraw all prescription and over-the-counter (OTC) ranitidine products from the market after results from multiple studies found unacceptable levels of NDMA, a potential carcinogen, in the commonly used heartburn drug.

The two drugmakers under investigation, Sanofi and GlaxoSmithKline, both pulled their products in October 2019, after the FDA issued a warning about drug’s safety. However, according to FiercePharma, the DOJ is now looking into whether the manufacturers knowingly failed to disclose information relating to the impurity.

NDMA is classified as a probable human carcinogen (a substance that could cause cancer) based on results from laboratory tests. NDMA is a known environmental contaminant and found in water and foods, including meats, dairy products and vegetables.

What happened to pro-active corporate governance in the healthcare industry—something that is obviously a thing of the past. Inspections of foreign facilities and manufacturing protocols are the responsibility of the US corporation that contracts with the Chinese or Indian facility to manufacture the finished product or produces the raw ingredients?  When children’s clothing or other products made outside the USA are discovered to be flammable or dangerous in some other way, there’s an immediate product recall and rush to revise and improve foreign production, why and how isn’t this the same for pharmaceuticals manufactured in foreign countries.

When corporate executives proclaim that plaintiff’s lawyers and litigation are unfair, this failure of QC/QA policies by corporate boardrooms is the simplest way to disprove ose statements. Having the ability to show in a court of law the lack of oversight and corporate good conduct procedures in the current drug manufacturing process is by far the most viable way to keep these quality control failures in check. If that includes forcing corporate America to pay large jury verdicts or engage in high-dollar settlements, then that’s the price of corporate shortcuts in the manufacturing and supply chain process, that is so prevalent in the current American healthcare pharmaceutical drug pipeline.

There were recent rulings by Zantac MDL Judge Rosenberg, that have rippled through certain aspects of plaintiff strategies but overall the impact appears to be taken in stride by the plaintiff leadership who are leading the MDL. 

Conclusion excerpt from a Zantac MDL Order December 31, 2020: Judge Rosenberg

  1. Conclusion

For the foregoing reasons, it is ORDERED AND ADJUDGED that Defendants’ Motion to Dismiss and/or Strike Master Personal Injury Complaint on Grounds of Impermissible Shotgun Pleading and Incorporated Memorandum of Law is GRANTED; Defendants’ Amended Motion to Dismiss and/or Strike Consolidated Consumer and Third Party Payor Class Action Complaints on Grounds of Impermissible Shotgun Pleading and Lack of Article III Standing and Incorporated

Memorandum of Law is GRANTED IN PART AND DENIED IN PART; and The Generic Manufacturers’ and Repackagers’ Rule 12 Motion to Dismiss Consolidated Consumer and Third-Party Payor Class Action Complaints on the Ground of Failure to Allege an Injury and Incorporated Memorandum of Law is DENIED.

  1. The Master Personal Injury Complaint, Consolidated Consumer Class Action Complaint, and Consolidated Third Party Payor Class Complaint are DISMISSED WITHOUT PREJUDICE AND WITH LEAVE TO AMEND consistent with this Order.
  2. All claims and allegations of physical injury and medical monitoring in the CCCAC, including Counts 45, 67, 139, 167, 238, 280 and 302, are STRICKEN WITHOUT PREJUDICE. The Injury Plaintiffs may seek leave of Court for an alternative pleading to allege their class physical injury and/or medical monitoring claims.
  3. Under Pretrial Order # 36, the repled Master Complaints are due 30 days after the Court issues its Order on Article III standing. DE 1346 at 4. The Court AMENDS that requirement in Pretrial Order # 36. The repled Master Complaints are due 30 days after the Court issues its forthcoming Order on Branded Defendants’ Rule 12 Partial Motion to Dismiss Plaintiffs’ Three Complaints as Preempted by Federal Law. DE 1580. All other requirements in Pretrial Order # 36 remain in place.

DONE and ORDERED in Chambers, West Palm Beach, Florida, this 31st day of December, 2020.

Judge Robin Rosenberg

General Summary of Dec 31, 2020 orders here

First: “Order Granting Brand-Name Manufacturer Defendants’ Motion To Dismiss Plaintiffs’ Innovator-Liability Claims,” In re Zantac (Ranitidine) Products Liability Litigation, MDL No. 2924 (S.D. Fla. Dec. 31, 2020), available here.  It is what it says.  (1) Following Erie conservatism in predicting state law.  (2) Predicting that 35 states would reject innovator liability.  (3) Holding that the two states (CA and MA) that recognize innovator liability cannot assert personal jurisdiction over all but one defendant, as they are neither incorporated nor have a principal place of business in those two states.

Second: “Order Granting Generic Manufacturers’ & Repackagers’ Rule 12 Motion To Dismiss On The Ground Of Preemption,” In re Zantac (Ranitidine) Products Liability Litigation, MDL No. 2924 (S.D. Fla. Dec. 31, 2020), available here.  Dismissing generic manufacturers and repackagers on impossibility preemption.  (1) Misbranding claims do not defeat generic preemption.  (2) Misbranding allegations do not make the vast body of preemption law meaningless.  (3) Plaintiffs failed to plead claims based on expiration dates and testing, transportation, and failure-to-report.  (4) Plaintiffs failed to plead manufacturing defects with allegation of identical defects in every unit of the product.  (5) Magnuson-Moss claims dismissed to the extent they rely on FDA-approved language.

Third:  “Order Granting Defendants’ Motion To Dismiss and/or Strike Master Personal Injury Complaint on Grounds of Impermissible Shotgun Pleading; Granting in Part & Denying in Part Defendants’ Amended Motion To Dismiss and/or Strike Consolidated Consumer & Third Party Class Action Complaints on Grounds Of Impermissible Shotgun Pleading & Lack Of Article III Standing; & Denying Generic Manufacturers’ & Repackagers’ Rule 12 Motion To Dismiss Consolidated Consumer & Third-Party Payor Class Action Complaints on the Ground of Failure To Allege an Injury,” In re Zantac (Ranitidine) Products Liability Litigation, MDL No. 2924 (S.D. Fla. Dec. 31, 2020), available here.  (1) Personal injury complaint dismissed as improper “shotgun” pleading.  (2) Juridical link doctrine does not apply.  (3) No standing to assert claims on behalf of putative class members in other states.  (4) Some medical monitoring properly pleaded, but most are not.  (5) Economic loss rule not decided.  (6) Injunctive claims allowed for the time being.

Fourth: “Order Granting Retailer & Pharmacy Defendants’ Rule 12 Motion To Dismiss on the Ground of Preemption, Granting Distributor Defendants’ Rule 12 Motion To Dismiss on the Ground of Preemption, Denying as Moot Retailer & Pharmacy Defendants’ Rule 12 Motion To Dismiss on State Law Grounds, & Denying as Moot Distributor Defendants’ Rule 12 Motion To Dismiss on Various Group-Specific Grounds, In re Zantac (Ranitidine) Products Liability Litigation, MDL No. 2924 (S.D. Fla. Dec. 31, 2020), available here.  (1) Absolute liability does not exist.  (2) All claims against pharmacies and retailers preempted by impossibility because such entities cannot cure defects in FDA-approved drugs.  (3) Misbranding claims preempted for these reasons and for the reasons stated in order #1.  (4) Storage claims inadequately pleaded.  (5) Drug Supply Chain Security Act preemption not decided.  (6) Magnuson-Moss claim fails with preemption of all state-law warranty claims.

FDA INITIAL ZANTAC WARNING STATEMENT

For Immediate Release:

September 13, 2019

Statement From:

Director – FDA Center for Drug Evaluation and Research

Janet Woodcock M.D.

The U.S. Food and Drug Administration has learned that some ranitidine medicines, including some products commonly known as the brand-name drug Zantac, contain a nitrosamine impurity called N-nitrosodimethylamine (NDMA) at low levels. NDMA is classified as a probable human carcinogen (a substance that could cause cancer) based on results from laboratory tests. NDMA is a known environmental contaminant and found in water and foods, including meats, dairy products, and vegetables.

The FDA has been investigating NDMA and other nitrosamine impurities in blood pressure and heart failure medicines called Angiotensin II Receptor Blockers (ARBs) since last year. In the case of ARBs, the FDA has recommended numerous recalls as it discovered unacceptable levels of nitrosamines.

In Zantac, Ranitidine is an over-the-counter (OTC) and prescription drug. Ranitidine is an H2 (histamine-2) blocker, which decreases the amount of acid created by the stomach. OTC and prescription ranitidine is approved for multiple indications, including treatment and prevention of ulcers of the stomach and intestines and treatment of gastroesophageal reflux disease. The FDA is working with international regulators and industry partners to determine the source of this impurity in ranitidine. The agency is examining levels of NDMA in ranitidine and evaluating any possible risk to patients. The FDA will take appropriate measures based on the results of the ongoing investigation. The agency will provide more information as it becomes available. /END

Full FDA statement: 9/13/2019 : STATEMENT – Statement alerting patients and health care professionals of NDMA found in samples of ranitidine

The FDA’s OXYMORONIC ADVICE

The FDA is not calling for individuals to stop taking ranitidine at this time; however, patients taking prescription ranitidine who wish to discontinue use should talk to their health care professional about other treatment options. People taking OTC ranitidine could consider using other OTC medicines approved for their condition.

FDA’s testing of samples of alternatives such as Pepcid (famotidine), Tagamet (cimetidine), Nexium (esomeprazole), Prevacid (lansoprazole), and Prilosec (omeprazole) show no NDMA in these medicines. This is the comment in one of the later FDA notices to the public on the NDMA warnings, that fail to note that all of the drugs above cited as alternatives are part of an ongoing federal litigation over kidney failure and other adverse reactions, see Proton Pump Inhibitor MDL 27XX, pending in the USDC of New Jersey.

Comments by lead defendant Glaxo, et al, GSK says it had considered the potential formation of nitrosamines in the body—during ranitidine’s development, during its regulatory review and in subsequent studies. Scientists had hypothesized that any drugs that raised the stomach’s pH could increase the growth of bacteria that produce nitrites, which could interact with chemicals called amines to produce nitrosamines. Although several studies did find that taking ranitidine could increase the concentration of nitrites in the stomach—and at least one found a statistically significant increase in nitrosamines—that does not mean they cause cancer, GSK says. The company adds that ranitidine was not carcinogenic in studies of rodents whose diet and bacterial metabolism were similar to those of humans and claims that “extensive pharmacovigilance monitoring, regular safety reviews and substantive epidemiological studies have not linked ranitidine to raised cancer risks.”

Further, the issue of nitrosamine formation in the body “is fundamentally different to the current regulatory interest in the presence of NDMA in drug substance and drug product,” says GSK, which has issued a recall of its generic version of Zantac. “The reason for the current precautionary recall of ranitidine is due to an emerging finding that some sources of drug substance and therefore drug product may contain very small amounts of nitrosamine. While the manufacturers, suppliers and regulatory authorities clarify the root cause of this issue, we have stopped supply and recalled product from the market as a precautionary measure.”

How those corporate bullet points compare to the science remains to be seen, but the fact that the FDA was part of the less than voluntary recall by GSK, Sanofi and the other Big Pharma cohorts, does not encourage the average consumer, whether and OTC or physician prescribed Zantac recipient to have confidence in the quality control guidance by the drug makers.

Other Zantac MDL orders regarding plaintiff census requirements:

MDL Pretrial Order # 58 – Eighth Census Implementation Order: Product Identification Collections for Remaining Filed Plaintiffs and Unfiled Registry Claimants by Retailer and Pharmacy Defendants

MDL Pretrial Order # 56 – Seventh Census Implementation Order: Deficiency Process for Unfiled Claimants

MDL Pretrial Order # 55 – Sixth Census Implementation Order: Access to Unfiled Claimant Census Plus Forms for Non-Generic Defendants

Food and Drug Administration Ranitidine (Zantac) References:

FDA STATEMENT TIMELINE ON ZANTAC (RANITIDINE)

April 1, 2020 FDA Removal Request: https://www.fda.gov/news-events/press-announcements/fda-requests-removal-all-ranitidine-products-zantac-market

10/28/19: UPDATE – FDA alerts health care professionals and patients to multiple voluntary recalls of ranitidine

10/23/19: UPDATE – FDA releases additional NDMA testing method and alerts health care professionals and patients to multiple voluntary recalls of ranitidine

Update [10/23/19] The U.S. Food and Drug Administration is releasing a second liquid chromatography-mass spectrometry (LC- MS) method for manufacturers and regulators to detect and quantify NDMA in ranitidine. The agency is using this method to test potential NDMA-containing ranitidine samples. The second LC-MS method for NDMA in ranitidine uses a more widely available technology than the first posted method. The agency is sharing the second method to provide alternatives to firms wishing to test their drug products for NDMA.

FDA is also alerting health care professionals and patients to two voluntary recalls of ranitidine:

  • Dr. Reddy’s Laboratories Ltd is voluntary recalling all prescription and over-the-counter (OTC) ranitidine tablets and capsules manufactured by the company. The OTC medicines may be labeled by retailers such as Walgreens, Walmart, CVS, Target, and Kroger.
  • Sanofi is voluntarily recalling OTC ranitidine due to possible NDMA contamination.

10/2/19: UPDATE – FDA provides update on testing of ranitidine for NDMA impurities

Update [10/2/19] FDA is continuing to test ranitidine products from multiple manufacturers and is assessing the potential impact on patients who have been taking ranitidine. In addition, the agency has asked manufacturers of ranitidine to conduct their own laboratory testing to assess levels of NDMA in their ranitidine products and to send samples of ranitidine products to FDA to be tested by

9/26/19: STATEMENT – FDA alerts health care professionals and patients to voluntary recall of ranitidine medicines

[9/26/19] The U.S. Food and Drug Administration is alerting health care professionals and patients to a voluntary recall of over-the-counter (OTC) ranitidine tablets (75 mg and 150 mg), labeled by Walgreens, Walmart, and Rite-Aid and manufactured by Apotex Corp. These medicines may contain low levels of a nitrosamine impurity called N-nitrosodimethylamine (NDMA).

9/24/2019: PRESS RELEASE – FDA announces voluntary recall of Sandoz ranitidine capsules following detection of an impurity

9/13/2019 : STATEMENT – Statement alerting patients and health care professionals of NDMA found in samples of ranitidine

For additional information on Zantac from the Baum Hedlund Firm, contact  https://www.baumhedlundlaw.com/prescription-drugs/zantac-cancer-lawsuit/

Notice: This is a media release of Mass Tort News and certain segments and excerpts were taken from publicly available third party media and governmental agency sources.  Nothing in this document is to be considered legal advice or guidance. Please direct any inquiries to: [email protected]

Mass Tort News

Washington, DC

MassTortNews.org

MassTortNews.Live

January 2021

ZANTAC MDL 2924 ORDERS (Check the court official docket for full directory of orders) MDL court link: https://www.flsd.uscourts.gov/zantac

October 2020

Oct. 9: MDL Pretrial Order # 52 – Procedures for Dismissal of Defendants from the Master Complaints and the Individual Personal Injury Cases 

Oct. 9: MDL Pretrial Order # 51 – Fourth Census Implementation Order: Product Identification Collections for Filed Cases by Retailer and Pharmacy Defendants 

Oct. 9: MDL Pretrial Order # 50 – Third Census Implementation Order: Generic Manufacturer Production of Product Related Information 

Oct. 5: MDL Pretrial Order # 49 – Order on Class Action Discovery Timelines 

Oct. 5: MDL Pretrial Order # 48 – Remote Deposition Guidelines 

Oct. 3: Amended MDL Pretrial Order # 47 – Document Discovery Schedule for Brand Manufacturers 

September 2020

Sept. 29: MDL Pretrial Order # 46 – Order on Production of Defendant Discovery on Other Defendants 

Sept. 29: MDL Pretrial Order # 45 – Order on Service of Discovery Requests and Responses

Sept. 25: MDL Pretrial Order # 44 – Order Authorizing Use of BrownGreer MDL Centrality Platform for Service of Short Form Complaints 

Sept. 25: MDL Pretrial Order # 43 – Order Setting Forth Service of Process of Short Form Complaints on Generic, Distributor, Repackager, and Retailer Defendants 

August 2020

Aug. 29: MDL Pretrial Order # 42 – Second Census Implementation Order: Temporary Census Plus Form Extension Due to Vendor Data Issue 

Aug. 26: MDL Pretrial Order # 41 – Protocol For In Extremis Depositions 

Aug. 18: MDL Pretrial Order # 40 – Protocol for Modifying Particular Defendants in the Master Complaints 

Aug. 18: MDL Pretrial Order # 39 – Protocol for Voluntarily Dismissing Short-Form or Individual Long-Form Complaints in Their Entirety, for Dismissing Particular Claims, and/or for Dropping Particular Defendants 

Aug. 16: MDL Pretrial Order # 38 – First Census Implementation Order

July 2020

July 31: MDL Pretrial Order # 37 – Protocol for Common Benefit Work and Expenses 

July 30: MDL Pretrial Order # 36 – Order on Schedule for Rule 12 Motions to Dismiss 

July 27: MDL Pretrial Order # 35 – Order Regarding Core Discovery of Retailer Defendants 

July 13: MDL Pretrial Order # 34 – Order Regarding Initial Discovery of Generic Manufacturers 

July 9: MDL Pretrial Order # 33 – Order Enumerating Additional Responsibilities of Generic Liaison Counsel 

June 2020

June 18: MDL Pretrial Order # 32 – Order Concerning the Discovery Process and Dispute Resolution 

June 18: MDL Pretrial Order # 31 – Procedures for Master Pleadings in Personal Injury Cases 

June 18: MDL Pretrial Order # 30 – Stipulated Discovery and Case Management Schedule 

June 11: MDL Pretrial Order #29 – Protocol for ESI Discovery 

June 11: MDL Pretrial Order #28 – Preservation Order 

June 3: MDL Pretrial Order #27 – Order Regarding Deadline for Filing of Notice of Appearance 

June 1: MDL Pretrial Order #26 – Confidentiality Order 

June 1: MDL Pretrial Order #25 – Protocol for Treatment of Privileged and Work Product Materials 

May 2020

May 28: MDL Pretrial Order #24 – Order Relating to Initial Status Conference 

May 27: MDL Pretrial Order #23 – Order Modifying Census Plus Deadlines 

May 22: MDL Pretrial Order #22 – Order Establishing Defense Leadership Structure 

May 14: MDL Pretrial Order #21 – Order on Applications for Defense Leadership 

May 8: MDL Pretrial Order #20 – Order Appointing Leadership 

April 2020

April 28: MDL Pretrial Order #19 – Order Attaching Amended Appendix A – 

April 15: MDL Pretrial Order # 18 – Order on Production of Records for Initial Census for Deceased and Incapacitated Claimants 

April 10: MDL Pretrial Order #17 – Order Appointing Interim Retailer Liaison Counsel 

April 3: MDL Pretrial Order #16 – Order Rescheduling Initial Conference, Establishing April Deliverables Team, and Scheduling Interviews for Leadership Applicants

April 2: MDL Pretrial Order #15 – Order on Procedures for Implementing Census 

March 2020

March 20: MDL Pretrial Order #14 – Order Authorizing Continuation of Work by Interim Teams 

March 20: MDL Pretrial Order #13 – Stipulated Order Setting Forth Service of Process Procedures on Certain Defendants 

March 20: MDL Pretrial Order #12 – Stipulated Order Appointing Special Master 

March 20: MDL Pretrial Order #11 – Stipulated Order Setting Forth Procedures for Direct Filed Personal Injury Cases 

March 19: MDL Pretrial Order #10 – Order Appointing Interim Defense Leadership Team 

March 13: MDL Pretrial Order #9 – Order Cancelling Initial Conference 

March 10: MDL Pretrial Order #8 – Order Appointing Agenda Counsel 

March 9: MDL Pretrial Order #7 – Order Appointing Defendants’ Liaison Counsel 

March 6: MDL Pretrial Order #6 – Order Modifying Science Day Deadline 

February 2020

Feb. 28: MDL Pretrial Order #5 – Order Appointing Plaintiffs’ Liaison Counsel 

Feb. 24: MDL Pretrial Order #4 – Order Appointing Initial Teams 

Feb. 20: MDL Pretrial Order #3 – Order Clarifying Application Procedures 

Feb. 20: MDL Pretrial Order #2 – Order Seeking the Establishment of a Practices and Procedure Team 

Feb. 14: MDL Pretrial Order #1 – Order Setting Initial Conference 

If your firm would like to author a release for publication or collaborate on a masstortnews.live LegalCast, please contact: [email protected] or call 754.303.0237.

Mark York
Mark York
masstortnews.org/
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Widely known for her passionate and relentless client advocacy, she represents individuals and public entities that have been injured by wrongful conduct, whether from defective medical devices or drugs, environmental contamination, corporate misconduct, or civil rights abuse. She is nationally recognized as a powerhouse in mass torts, class actions, products liability, discrimination, and sexual assault claims, and has recovered hundreds of millions of dollars in client damages. 
 
On May 27, 2022 Fu made history, becoming the first black woman ever appointed plaintiffs’ Co-Lead Counsel in a multidistrict litigation. She was appointed to the role in the massive products liability MDL, In Re: Abbott Laboratories, et al., Preterm Infant Nutrition Products Liability Litigation, against two of the world’s largest manufacturers of infant formula, Abbott Laboratories (NYSE: ABT) and Mead Johnson. Comprised of more than 60 state and federal lawsuits filed across the U.S., the case stems from allegations against the manufacturers of infant formulas Similac (Abbott) and Enfamil (Mead) by parents of premature infants who were fed with that formula and developed the deadly neonatal condition, necrotizing enterocolitis (NEC). 
 
Fu currently represents individuals exposed to Paraquat, an herbicide thought to cause Parkinson’s disease. She also represents victims of civil rights violations, defective products, and other wrongful conduct. Before joining DiCello Levitt, Fu represented dozens of cities and counties in Alabama, Georgia, and Mississippi against opioid manufacturers and distributors. She has also recovered more than $30 million in damages for victims of catastrophic personal injury, product liability, employment discrimination, and civil sexual assault claims. 
 
Earlier this year, in February 2022, Fu announced that she along with Ben Crump co-founded Shades of Mass, an organization aimed at combatting the lack of diverse attorney leadership in lawsuits that disproportionately impact communities of color. Through collaboration, shared resources, education and networking opportunities, and pressure on our profession, Shades of Mass aims to rectify this inequity and achieve the diversity missing in mass tort and complex litigation case leadership. Learn more about Shades of Mass, its mission, its board members, and its board members here: https://www.law.com/2022/02/28/new-group-to-promote-attorneys-of-color-in-mass-torts/. The organization will be hosting a conference in October 2023 in Atlanta. Visit the Shades of Mass website: http://www.shadesofmass.org/, to learn more. 
 
She is well-known for her relentless and compassionate client advocacy which is only matched by her passion to make this world a better place for the generations to come. Fu has extensive experience handling complex litigation, including pharmaceutical, medical device, environmental contamination, and civil rights matters. And she has earned quite a few accolades for her work, including Top 40 Under 40 attorneys (National Trial Lawyers), Top 10 Under 40 attorney for the State of Alabama (National Academy of Personal Injury Attorneys, Inc.), The National Trial Lawyers: Top 100, one of America’s Top 100 High Stakes Litigators®, and selected as a Top Woman Attorney (B-Metro magazine). 
 
Read more about Fu here: https://dicellolevitt.com/attorney/diandra-fu-debrosse-zimmermann/. 


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Building a Legacy Through Leadership
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John Uustal and the Kelly Uustal Law Firm are a complex personal injury firm based in Fort Lauderdale FL, who are actively involved in traumatic and catastrophic injury litigation and Mass Torts as local trial counsel for certain MDL leadership firms. Also, KU is one of the premier tobacco litigation firms in the country, securing hundreds of millions of dollars in verdicts against Big Tobacco. Never afraid to face corporate bad conduct, John Uustal and the Kelly Uustal firm will take the fight directly to the corporate boardrooms.

Check out John Uustal's blog to stay up-to-date on corporate treachery: https://www.johnuustal.com/
888.522.6601
https://www.kulaw.com

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Calling Out Boardroom Misconduct in the Courts and Court of Public Opinion
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Today we're joined by Majed Nachawati, founder of the Fears Nachawati firm. Majed is well known as a prominent complex commercial litigator in the mass tort space and a leadership firm in emerging torts. Majed's firm is known for representing both individuals and governmental entities in dockets such as the opioid litigation, PFAS water contamination, and other major mass torts. Today we will be discussing three of the most relevant and prominent dockets in the legal world that impact both the plaintiff and defense bar. 

We engage in direct discussions on the Bayer/ Monsanto US Supreme Court appeal in the Hardeman Roundup verdict, originating in California State Court. Recently the US Solicitor General submitted a brief to the Supreme Court advising that the US Department of Justice and other federal agencies are not in favor of participating in the Monsanto- Hardeman appeal.

We then go into the Johnson & Johnson Talcum Powder MDL and related state court litigation where J&J is using the Texas Two-Step legal process to file bankruptcy, related to their talcum powder liabilities, which are expected to exceed $12 billion. Majed is also a member of the J&J bankruptcy creditor's committee.   

Majed also discusses his lead role in the Texas winter freeze litigation, where the Texas Utility Power Commission and the power grid tragically failed the citizens of Texas and numerous lives were lost, properties were destroyed and damaged. Fears Nachawati was in a leadership role from the outset of the Texas winter freeze litigation, when they filed the first lawsuit within one week of the freeze taking place. The claims in this docket relate to the catastrophic failure of the utility and regulatory entity within the state of Texas to properly ensure the safety of its citizens. Majed clearly states that it is his position in the Texas winter freeze, Monsanto roundup, and the Johnson and Johnson talcum powder litigation to be an assertive representative of firm clients in these dockets to hold the corporate parties accountable for the ongoing and embedded bad conduct, which is clearly evident in the media and now being shown in a court of law.

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Fighting Bad Conduct in America's Boardrooms
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John K. Rabiej served as the Deputy Director of the Bolch Judicial Institute for one year, and as the Director of the Duke Law Center for Judicial Studies for seven years. The Duke Law Center brings together judges, lawyers, researchers, government officials and other parties to advance the study and understanding of the judicial process and generate ideas for how it might be improved. During his time as the Director of the Duke Law Center, Mr. Rabiej studied the impact of technology on the judiciary, including analyzing his concerns that the courts are not keeping pace with the rapid advancement of technology in the culture at large. Prior to joining the Duke Law Center, Mr. Rabiej served as the Executive Director and Director of Judicial Outreach for The Sedona Conference; the Chief of the Rules Committee Support Office; and the American Law Institute. He presently sits on the Chief Justice’s Rules Advisory Commission, North Carolina (term ending December 31, 2023). In this episode of LegalCast, Mr. Rabiej discusses a legal bipartisan review of mass torts, class action, and the ever-expanding e-discovery quagmire that seems to be firmly embedded in complex litigation coming to a peak in 2022.  Will the plaintiffs and defense leadership be able to collaborate to reign in the ever-expanding high cost of litigation? Mr. Rabiej has made a career of working to bring opposing groups together to discuss common interests as a means to increase efficiencies in litigations. And, with millions of dollars at stake, why not at least start the discussions.

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Is Judicial Review On The Horizon?
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Stephen P New. of Beckley West Virginia is one of the country’s leading opioid litigators, by bringing the fight directly to Opioid Big Pharma's doorstep. Steve and the Opioid Justice Team have been defending and advocating for the rights of the neonatal abstinence syndrome afflicted infants, aka the "NAS Babies." Who are the truly innocent victims of the now decades-old opiate crisis in America.

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Leading the Fight for Opioid Addicted Infants
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George Haj is a Pulitzer-Prize winning editor who founded Haj Media in 2017. Haj Media is a strategic communications firm focusing on crisis communications, media relations, and litigation support for law firms and corporate clients. Prior to launching his own consulting firm, George spent three decades working in some of the nation’s largest news organizations. He has deep roots in the media industry and connections with reporters and editors in a range of publications across the country. George worked as executive business editor at the Miami Herald and then was a top editor at the Houston Chronicle. He also served as editorial director of ALM Media, where he directed a global newsroom of more than 100 journalists and oversaw iconic brands including The American Lawyer and National Law Journal. He can be reached at george@hajmedia.com. Find him on Twitter: https://twitter.com/georgehaj, LinkedIn: https://www.linkedin.com/in/george-haj-25ba481, and at http://www.hajmedia.com/. 

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Crisis Management & Media Training for Lawyers
YouTube Video VVVuSC1KSll3UzVNWHQwMEgyUndoR3Z3LmhvVDk2Q2MxUnpR
With four decades of experience in legal advertising with a passion for legal marketing, intake, and conversion, Harlan Schillinger has more than earned his title as the Grandfather of Legal Advertising. 

Harlan was the first in the industry to produce and market TV advertising for the legal community. In 1975, along with his partners, Harlan founded the first syndication TV production firm for high-end retailers and Lawyers, creating television commercials that aired throughout North America.

Since the late 1970s, Harlan has worked aggressively, productively, and professionally within the legal advertising space. He has said that: “Creating opportunities and increasing market share for advertising law firms is [his] #1 priority. The value of the case is everything in such a crowded market.” Harlan privately consults with lawyers who not only share his values, but who also share his vision of increasing business, being accountable, and obtaining high-value cases. His approach to intake and conversion rests on complete accountability within that area and he is known to practice what he preaches. Harlan has trademarked within the legal advertising world the two phrases that have become his backbone of philosophy: What You Don't Know, You Don't Know® and Ambassador of First Impressions™.

Since that time, Harlan has worked with more than 130 law firms in almost 100 markets throughout North America. Before joining Network Affiliates in 1985, Harlan was a founding partner and VP of Madison, Muyskens & Jones, a Connecticut-based advertising agency. In April 2016 Harlan retired from Colorado-based Network Affiliates, the nation's first and largest full-service legal advertising agency, where he was the leader of their attorney marketing efforts for over 34 years.

A few years ago, Harlan and two of his partners – Dino Colombo Esq. and Eric Coffman – developed Lead Docket, software for intake and conversion within law firms. Harlan says that Lead Docket helps law firms increase control and management of intake and conversion, allowing the firms to thrive.

Harlan is involved with a number of professional organizations, being a member of the National Trial Lawyers Executive Summit Committee as well as a Senior Editor and Writer for the National Trial Lawyers Magazine. He also has a passion for riding and building custom motorcycles, and is a proud member of the most prestigious motorcycle group in the world: Hamsters USA ® Motorcycle Group.

Learn more about Harlan at http://www.harlanschillinger.com/. 
And to check out the book he recommends – How to Win Friends & Influence People by Dale Carnegie and originally published in 1936 click here: https://www.amazon.com/How-Win-Friends-Influence-People/dp/0671027034. 

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Prep Like a Pro: Legal Networking Tips & Tricks
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