Week Ahead in Products Liability: July 6, 2021

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(Reuters) – Listed below are some upcoming events of passion to the product criminal responsibility community. Until in any other case noteworthy, all instances are native, and court docket appearances are virtual attributable to the COVID-19 pandemic.

Wednesday, July 7

10 a.m. – U.S. District Contain Richard Stearns in Boston is scheduled to resentence Barry Cadden, the frail president of compounding pharmacy Fresh England Compounding Heart, to boot to Glenn Chin, its frail supervising pharmacist. The two men had been criminally convicted in connection with execrable capsules that sparked a lethal fungal meningitis outbreak in 2012. The first U.S. Circuit Court of Appeals overturned Stearns’ earlier eight-yr sentence, finding he failed to prepare sure sentencing enhancements. Prosecutors are in truth making an attempt for a sentence of extra than 17 years.

The case is U.S. v. Cadden et al, U.S. District Court, District of Massachusetts, No. 14-cr-10363. For the United States: Amanda Strachan, Christopher Looney, David Lazarus and Alexandra Amrhein of the U.S. Attorney’s Situation of job for the District of Massachusetts. For Cadden: Bruce Singal of Hinckley, Allen & Snyder. For Chin: Stephen Weymouth of Law Situation of job of Stephen J. Weymouth and Robert Sheketoff.

Thursday, July 8

9: 30 a.m. – The Third U.S. Circuit Court of Appeals will hear in-particular person arguments in Philadelphia over whether a district court docket abused its discretion in denying class certification in litigation against gasoline hose makers Tru-Flex Metal Hose Corp (now defunct) and Educated-Flex LLC over versatile gasoline lines allegedly inclined to leaks that may maybe maybe cause fires. U.S. District Contain Cathy Bissoon within the Western District of Pennsylvania realized that the proposed class didn’t meet the ascertainability requirement. Plaintiffs had proposed house-by-house investigation to pick class membership.

The case is Adams Pointe I LP et al v. Tru-Flex Metal Hose Corp et al, Third U.S. Circuit Court of Appeals, No. 20-3528. For plaintiffs: Rebecca Bell-Stanton of Chippie & Schumacher. For Tru-Flex: Thomas Pie of Marks O’Neill O’Brien Doherty & Kelly. For Educated-Flex: Thomas Gamache of Leahy Eisenber Fraenkel.

12: 00 p.m. – Fresh York doctor Gordon Freedman will probably be sentenced in particular person by U.S. District Contain Kimba Wooden in Ny after a jury realized him responsible of accepting thousands of bucks in bribes and kickbacks from now-defunct Insys Therapeutics Inc in commerce for prescribing his sufferers the company’s Subsys, an addictive fentanyl spray. Freedman is for sure one of quite loads of doctors spherical the nation who occupy confronted prison prices over Subsys.

The case is USA v. Freedman, U.S. District Court, Southern District of Fresh York, No. 18-cr-00217. For the authorities: Assistant U.S. Attorney Noah Solowiejczyk. For Freedman: Samuel Braverman of Fasulo Braverman & Di Maggio.

Friday, July 9

8: 30 a.m. – A case management conference is scheduled before U.S. District Contain M. Casey Rodgers in Pensacola, Florida in a multidistrict litigation over allegedly spoiled 3M Co earplugs previously aged by the U.S. Army. Plaintiffs within the MDL, the largest in U.S. historical previous, suppose that they suffered listening to loss or shatter because of shedding the plugs. Three bellwether trials occupy been held, with two plaintiffs’ verdicts and one select for 3M.

The case is In re 3M Wrestle Hands Earplug Products Liability Litigation, U.S. District Court for the Northern District of Florida, No. 19-md-2885. For the plaintiffs: Bryan Aylstock of Aylstock, Witkin, Kreis & Overholtz, Shelley Hutson of Clark, Bask in & Hutson and Christopher Seeger of Seeger Weiss. For 3M: Mike Brock of Kirkland & Ellis.

Know of an occasion that can also very neatly be integrated in Week Ahead in Products Liability? Contact Brendan Pierson at [email protected]

Brendan Pierson

Brendan Pierson reviews on product criminal responsibility litigation and on all areas of neatly being care legislation. He’ll also be reached at [email protected]

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