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Case Updates

Acetaminophen Litigation Updates

December 23, 2022
Special Master Randi Ellis Appointed to Conduct Census

Judge Cote, at the suggestion of both plaintiffs' and defense counsel, approved the selection of Randi Ellis as the Census Special Master in the Acetaminophen MDL. A census of all plaintiffs is conducted in order to gather important data from all plaintiffs which can be used by both parties to more efficiently prosecute the case. As evidenced by both sides agreeing to Ms. Ellis, she has vast experience in serving as a Special Master for this purpose.

December 4, 2022
Judge Allows for Direct Filing of Cases into MDL

Judge Cote issued an order allowing plaintiffs to file any new claims directly into the US District Court, Southern District of New York. This is typically allowed once an MDL is established.

November 28, 2022
Walmart Seeks Immediate Appeal of Denial of Motion to Dismiss

Walmart filed a motion with Judge Denise Cote seeking an immediate appeal of her November 15 order denying Walmart’s Motion to Dismiss on federal preemption grounds. In the appeal motion, Walmart also asked the judge to put the claims on hold while the appeal is pending. There does not appear to be anything new in Walmart’s appeal and thus it appears unlikely that Judge Cote will find anything different than her first order, denying the motion.

November 2022
Acetaminophen Litigation Video UpdateMikal Watts Video Update - To download a copy of the order click here

November 16, 2022
Mikal Watts Appointed to Lead MDL

MDL Judge Denise Cote appointed Mikal Watts, our lead litigator for the Justice For All Network, as one of the three attorneys who will lead the case in the MDL for all plaintiffs.

November 15, 2022
Judge Cote Denies Walmart’s Motion to Dismiss

In an important and positive step for the acetaminophen/autism case, Judge Denise Cote, in a written opinion and order, denied Walmart’s motion to dismiss the case based on the federal preemption doctrine. Under the preemption doctrine, Walmart argued that all state law claims made by the plaintiffs must be rejected because the FDA has complete control over labeling of drugs. The judge disagreed and rejected this defense.

October 5, 2022
JPML Establishes a new MDL, In Re: Acetaminophen – ASD/ADHD MDL No. 3043

The JPML agrees to consolidate the acetaminophen/autism cases into a new federal MD, No. 3043 in the Southern District of New York. The JPML assigned the case to Federal Judge Denise Cote, which will be her 9th MDL. At the time of the order, more than 80 filed acetaminophen lawsuits were transferred to Judge Cote.

September 29, 2022
Joint Panel on MultiDistrict Litigation (JPML) Hearing

Mikal Watts, our lead trial lawyer, attended and presented his arguments at the JPML hearing on whether  to consolidate a number of autism cases into one new Multi-District Litigation (MDL). The purpose of consolidation is to create a more efficient pre-trial process, which, hopefully, will move the case along at a faster pace. During the hearings, plaintiffs requested that the MDL be established in the federal court in the northern district of California, while Defendants counsel opposed such efforts.

June 10, 2022
Plaintiffs Move to Consolidate Acetaminophen Cases into one Federal Court

Counsel for plaintiffs filed a motion with the Judicial Panel on MultiDistrict Litigation seeking to transfer 19 cases for coordination and pre-trial proceedings to federal court in the Northern District of California.


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