Lieff Cabraser Civil Justice Blog

Hotchkiss School Student Sexual Abuse Trial to Move Forward

Hotchkiss Student Sexual Abuse Trial to Move Forward

As reported by the Legal Reader, U.S. District Judge Victor A. Bolden has rejected a request by attorneys representing Hotchkiss to dismiss the sexual abuse lawsuit against the school, ruling that a jury trial take place. Bolden disagreed with the school’s attorneys that Hotchkiss was not responsible for the protection of the student, identified as “John Doe” in the lawsuit. [Read more…]

Kelly Dermody to Discuss Equal Pay Act and #TimesUp Movement at Employment Rights & Responsibilities Committee Conference

Kelly Dermody to Discuss Equal Pay Act and #TimesUp Movement at Employment Rights & Responsibilities Committee Conference

Lieff Cabraser partner Kelly M. Dermody will be discussing the Equal Pay Act and the #TimesUp Movement at the American Bar Association’s Employment Rights & Responsibilities Committee Midwinter Conference, on Friday, March 22, 2019 at The Four Seasons in Las Vegas. [Read more…]

FDA Warning Letters to Manufacturers Heighten Safety Concerns About Breast Implant Health Threats

Breast Implants

As reported by various sources including the UK’s Daily Mail, regulators for the U.S. Food and Drug Administration recently sent warning letters to two of the top breast implant manufactures for “failing to complete the safety studies” required for medical devices to remain on the market. The letters were issued just days before a new hearing that will be held on breast implant safety. The breast implants “have stayed on the market for years without adequate safety data, despite ranking in the highest risk bracket for medical devices.” [Read more…]

California Jury Finds That Monsanto’s Roundup Weedkiller Likely Caused Man’s Cancer

Monsanto roundup weedkiller

As reported by Law360, a jury in federal court in California determined that Monsanto’s widely-used weedkiller product Roundup was a substantial factor in causing cancer in a Santa Rosa man, “delivering a major blow to the Bayer AG [Monsanto] unit in the first such federal bellwether trial and setting the stage for a second phase to determine damages.” The found that use of Roundup contributed substantially to his cancer, rejecting the argument put forth by Monsanto that there was just no way to know what caused the lymphoma at issue in the trial. [Read more…]

Lexi Hazam to Discuss Climate Change Litigation at ABA Toxic Torts and Environmental Law Conference

LJH Speaks at ABA Toxic Torts Conference

Lieff Cabraser partner Lexi J. Hazam will be a featured panelist at the American Bar Association’s 28th Annual Spring CLE Meeting: Toxic Torts & Environmental Law Committee Conference, in Coronado, California, running April 4-6, 2019. Lexi’s panel will discuss the recurrence of natural disasters across the U.S., resulting in ongoing damage to property, the environment, and loss of life. Subtopics include recent California wildfires and mudslides, hurricanes in the Southeast, and flooding taking place from coast to coast. Experienced plaintiff, defense, and government attorneys will discuss these disasters, their possible link to climate change, and how litigation on this topic has evolved. [Read more…]

Lieff Cabraser Files Personal Injury Lawsuit Against 3M Company and Aearo Technologies for Debilitating Hearing Loss and Tinnitus from Use of Defective and Unreasonably Dangerous Combat Arms™ Earplugs

U.S. Army Infantry Soldier George Dooley (ret'd)

Lawsuit alleges 3M and Aearo knew Combat Arms Earplugs were defective prior to selling them, but falsified test results and misrepresented their performance to qualify for a multi-million dollar contract with the United States military

Nashville, TN—(BUSINESSWIRE)—On March 18, 2019, Mark Chalos of the national plaintiffs’ law firm Lieff Cabraser Heimann & Bernstein, LLP announced that U.S. Army veteran George Dooley has filed a lawsuit in federal court in the Middle District of Tennessee against 3M Company and Aearo Technologies for hearing loss and tinnitus caused by his use as an infantry officer, including in Iraq, of defective and unreasonably dangerous Dual-Ended Combat Arms™ Earplugs (Version 2 CAEv2). The Complaint alleges that 3M and Aearo knew the Combat Arms Earplugs were defective prior to selling them, but falsified test results and misrepresented the earplugs’ performance to qualify for a multi-million dollar contract with the United States military, leading to the hearing injuries sustained by George Dooley in training and on active military duty. [Read more…]

Lieff Cabraser Announces Settlement in Samsung Top-Loading Washing Machine Explosions Litigation

CPSC Recalls 2.8 Million Samsung Top-Loading Washing Machines Over Explosion Risks

Samsung making more than $100 million available to owners of certain 2011-2016 Samsung top-loading washers with a range of benefits including rebates, refunds, and repairs

March 18, 2019, New York—(BUSINESSWIRE)—The law firm of Lieff Cabraser Heimann & Bernstein, LLP, announces that a settlement (washermdlsettlement.com) has been reached with defendant Samsung Electronics and retailer defendants including Best Buy, Home Depot, and Lowe’s over certain 2011-2016 models of Samsung top-loading washing machines whose tops consumers alleged could detach during operation and whose drain pumps could break or detach during operation. Consumers contended that the washing machines, whose operations caused some of the devices to explode in owners’ homes, are defective; Samsung and the defendants deny all of the allegations of the lawsuit, including those relating to defects in the washers. [Read more…]

Humane Society Announces Conclusion of Reconciliation Process Aimed at Improving its Workplace Culture

Humane Society Announces Conclusion of Critical Reconciliation Process

Lieff Cabraser attorney Kelly M. Dermody Commends the Society’s Efforts, Applauds the ‘Courageous Women Who Came Forward’ to Initiate the Transformation – “A tremendous day for HSUS and for the future of the animal welfare movement.”

On October 1, 2018, the Humane Society of the United States announced a Reconciliation Process to improve the organization for the benefit of all HSUS employees and volunteers. On March 12, 2019, the Co-Chairs of the HSUS Board of Directors issued a message to the organization regarding the conclusion of that Reconciliation Process. [Read more…]

Hotchkiss School Student Sexual Abuse Lawsuit Ordered to Trial

College prep school

Rejecting the school’s request for dismissal, U.S. District Judge Victor A. Bolden has cleared the student sexual abuse lawsuit against Hotchkiss School for trial. The suit is brought by a former student who attended the prestigious college preparatory school in the mid-1980s, and was sexually abused at age 14 on multiple occasions by a dorm proctor and spurious athletic trainer. The suit further alleges that Hotchkiss School tried to cover up the boy’s reports of the incidents in order to protect its own reputation. [Read more…]

AAJ Commends House Subcommittee for Highlighting Danger of Carcinogenic Talc in Cosmetics

Talcum Powder

The American Association for Justice commends the U.S. House of Representatives subcommittee on Economic and Consumer Policy for its exemplary work on behalf of the public in “shining light on the danger of carcinogenic cosmetics.” A panel of victims, family members, and experts attended a hearing on Capitol Hill in Washington, DC on March 12, 2019 in response to a House request for testimony on the risks of using products containing talc, such as baby powder and makeup. “Subcommittee members and witnesses discussed the science linking talc to cancer, and the need for corporations like Johnson & Johnson to finally take steps to protect and educate American consumers who use their products that contain carcinogens,” notes the AAJ in a released statement. [Read more…]

Nashville Post Again Places Mark Chalos on its “In Charge” List for Opioid Litigation and Other High-Profile Class Action Lawsuits

Mark Chalos In Charge 2019

In its 2019 roundup of Nashville-area leaders, the Nashville Post has once again named Lieff Cabraser partner Mark P. Chalos a lawyer “In Charge.” The list highlights Nashville’s vitality as well as its ability to cultivate new leaders from all corners. Now in its tenth year of publication, this year’s In Charge list includes over 500 notable Nashvillians in areas including the arts, banking, music, retails, sports, law, government and politics, and transportation. [Read more…]

Lieff Cabraser’s R-23s Will Perform at Seventh Annual Law Rocks San Francisco

Seventh Annual Law Rocks San Francisco

Law Rocks Global presents its Seventh Annual Law Rocks San Francisco rock and roll extravaganza on April 25, 2019 at The Chapel in San Francisco, featuring seven bands composed of local legal professionals in a “Battle of the Bands” benefit for area nonprofits. Lieff Cabraser’s band, The R-23s, will be one of the bands performing at the concert, participating in support of the nonprofit The Arc of the East Bay, whose mission is to provide advocacy, support, and education to individuals and families living in East Bay communities who are affected by intellectual and developmental disabilities. [Read more…]

Powerful USA Today Op-ed by Tyndall Sexual Assault Survivor: “My encounter with George Tyndall at USC scarred me. The settlement will help me heal.”

USA Today Op-ed by Tyndall Sexual Assault Survivor

USA Today has published a moving opinion piece written by USC alumna Elisabeth Treadway, one of the thousands of women who allegedly suffered sexual abuse by the former head gynecologist at the USC student health center. Ms. Treadway recounts her own horrific experience and expresses her support for the recent settlement of the federal class action lawsuit filed by female USC students and former students against Dr. George Tyndall and the University of Southern California. [Read more…]

KHC INVESTORS ALERT: Lieff Cabraser Announces Securities Class Action Against The Kraft Heinz Company

KHC INVESTORS ALERT: Lieff Cabraser Announces Securities Class Action Against The Kraft Heinz Company

SAN FRANCISCO, CA – (March 4, 2019) – The law firm of Lieff Cabraser announces that class action litigation has been filed on behalf of investors who purchased or otherwise acquired the publicly traded securities of The Kraft Heinz Company  (“Kraft” or the “Company”) (Nasdaq: KHC) between May 4, 2017 and February 21, 2019, inclusive (the “Class Period”). [Read more…]

Kelly Dermody Named to National Law Journal’s Inaugural List of Employment Law Trailblazers

Kelly Dermody Named to National Law Journal’s Inaugural List of Employment Law Trailblazers

We are proud to announce that the National Law Journal has chosen Lieff Cabraser partner, Kelly Dermody, for its inaugural list of “Employment Law Trailblazers.” With the emergence of the #MeToo era, this new award category highlights lawyers who “have been right in the middle of these sexual harassment cases and others who have been fighting for fairness through gender and race discrimination suits, wrongful termination and more.” [Read more…]

Compelling Op-ed by Tyndall Sexual Assault Survivor in USC Daily Trojan Newspaper: “USC Tyndall settlement shows strength in numbers”

Compelling Op-ed by Tyndall Sexual Assault Survivor in USC Daily Trojan Newspaper: “USC Tyndall settlement shows strength in numbers"

The University of Southern California’s student newspaper, The Daily Trojan, has published a powerful opinion piece written by USC alumna, Shannon O’Conner, one of the thousands of women who allegedly suffered sexual abuse by the former head gynecologist at the USC student health center. Ms. O’Conner recounts her own horrific experience and expresses her support for the recent settlement of the federal class action lawsuit filed by female USC students and former students against Dr. George Tyndall and the University of Southern California. [Read more…]

Lawmakers Announce New ‘FAIR Act’ Bill to End Forced Arbitration

Lawmakers Announce New ‘Fair Act’ Bill to End Forced Arbitration

Democratic lawmakers today announced a new bill aimed at ending the practice of forced arbitration in employment contracts. The Forced Arbitration Injustice Repeal, or FAIR Act, seeks to end the use of mandatory arbitration clauses, which are often inserted into workers contracts to require that employees waive their right to sue their employers. With the right to sue waived, employee complaints instead can only go through a private system where employers are automatically given the upper hand in disputes. [Read more…]

Passage of NY Child Victims Act Presents Vital Opportunity for Survivors of Sexual Abuse at Rockefeller Hospital to Seek Redress

Rockefeller Hospital Sex Abuse Cases Much More Actionable After the Passing of the NY Child Victims Act

In 2018 The New York Times published an explosive article detailing a widespread pattern of sexual exploitation and abuse by now-deceased Dr. Reginald Archibald at New York’s Rockefeller University Hospital in a staggering range of incidents dating as far back as the 1950s and extending to a thousand patients or more. Now that New York legislature has passed a groundbreaking expansion of the time period in which survivors can bring lawsuits relating to such offenses, affected patients of Dr. Archibald are empowered to seek redress for their past victimization via legal means. [Read more…]