Current Litigation/Class Actions
In re: Volkswagen “Clean Diesel” Marketing, Sales Practices, and Products Liability Litigation, MDL No. 2672 CRB (N.D. Cal.) (J. Breyer).
The Firm serves on the Executive Committee in a coordinated action consisting of nationwide-cases of consumer and car dealerships alleging that Volkswagen AG and Volkswagen Group of America, and other defendants illegally installed so-called “defeat devices” in their vehicles which allowed the cars to pass emissions testing but enabled them to emit nearly forty-times the allowable pollution during normal driving conditions. In October, 2016, the court granted final approval to a settlement fund worth over $10 billion to consumers with 2.0 liter diesel engines. Litigation continues concerning 3.0 liter diesel engines and against particular defendants.
Davis et al. v. Parker et al. (M.D. Tenn.) (Crenshaw).
The Firm has partnered with the ACLU of Tennessee and Tennessee Disability Rights to represent inmates in Tennessee state prisons who are Hepatitis C positive and are not receiving treatment for this fatal disease. The Court is currently considering class status in this Eighth Amendment case.
Morales v. Rite Rug, Inc. (M.D. Tenn.) (Crenshaw).
The Firm represents a skilled flooring installer who worked for Rite Rug but was misclassified as an independent contractor. He suffered a debilitating injury on the job, but was denied medical care because of his misclassification. The Firm is currently seeking to represent a class of all flooring installers who work or worked for Rite Rug in order to recover overtime pay and back wages owed due to misclassification.
Dahl v. Bain Capital Partners, LLC, No. 07-cv-1238 (D. Mass) (J. Young).
The Firm served on the Executive Committee in this Federal antitrust case challenging bid rigging and market allocation in the private equity/leveraged-buyout industry. The parties reached a $590.5 million settlement approximately two months before trial, and the Court finally approved this settlement in 2015. [this is an antitrust case]
In re: New England Compounding Pharmacy Product Liability Action, 1:13-md-02419 (D. Mass) (J. Zobel).
Serving on the Plaintiffs’ Steering Committee, Mr. Gerard Stranch represents hundreds of individuals injured as a result of exposure to tainted pharmaceuticals manufactured at New England Compounding Pharmacy in Framingham, Massachusetts. This litigation stems from the 2012 nationwide outbreak of fungal meningitis that, according to the Center for Disease Control, injured over 750 people nationwide and led to over 60 deaths. Mr. Stranch also serves as lead Tennessee Plaintiffs’ Counsel in this case. Over 100 Tennesseans were injured as a result of the catastrophe and 17 Tennesseans lost their lives. Following NECC’s bankruptcy, Mr. Stranch was instrumental in guiding settlement of claims against the bankrupt estate that resulted in the creation of a $210 million tort trust. The litigation is now mainly focused on litigating claims against doctors, clinics, and other healthcare providers that exposed their patients to tainted pharmaceuticals from NECC. The Court has determined the first bellwether trials will be against Tennessee-based defendants and Mr. Stranch has been a central figure in preparing bellwether cases for trial. [this is a mass tort case]
Deschamps v. Bridgestone Americas, Inc. (M.D. Tenn.) (Sharp).
Successfully recovered promised pension benefits for long-time Bridgestone employee via summary judgment, which was upheld by the Sixth Circuit Court of Appeals. Both courts published their opinions.