Class Action/Mass Tort Litigation

Class Action/Mass Tort Litigation

Class Action/Mass Tort Litigation

Todd & Weld both prosecutes and defends class actions and mass torts in state and federal courts. Because of the diversity of the firm's business litigation and tort practice, the versatility acquired through litigating all aspects of cases from inception through trial, and the skill and willingness to try those matters that cannot be fairly settled, we are exceptionally well positioned to handle class action and mass tort cases.

Two cases demonstrate the firm's range. Todd & Weld defended Subaru of New England Inc., the exclusive distributor of Subaru cars, parts, and accessories in New England, in a matter brought by Subaru dealers who contended that Subaru of New England's accessorization practices violated state and federal dealer protection laws, the federal Racketeer Influenced Corrupt Organization Act (RICO), and federal anti-trust laws. The United States District Court for the District of New Hampshire dismissed the complaint on Subaru of New England's summary judgment motion.

On the other end of the spectrum, we represented several thousand New England homeowners against Goodyear Tire & Rubber Company to recover for property damages arising from a defective hose used for home heating. The hose, which was embedded in floors and ceilings and used for hydronic heating and snow melting, hardens, cracks, and leaks. Todd & Weld was instrumental in orchestrating a $320 million national class settlement with Goodyear - the largest class action settlement in 2004 in the country.

Additional Todd & Weld class action/mass tort cases:

1. Virginia Sloan, et al. v. The United States of America,
United States District Court, District of Columbia, Case No. 1:06cv00483

We represent Plaintiffs in a putative class action to declare a certain federal excise tax on long distance telephone calls illegal. The case has been consolidated in the District Court for the District of Columbia with two other cases pending pursuant to a Multi-District Litigation Order.

2. Kathleen Donovan, et al. v. Philip Morris USA, Inc.,
United States District Court, District of Massachusetts,
Civil Action NO. 06-CA-12234-NG

Todd & Weld LLP is one of three law firms representing named Plaintiffs against Philip Morris. The Plaintiffs are all smokers who are at least 50 years old who have smoked for at least 20 "pack years." Plaintiffs, whose class has been certified, seek an order from the Court compelling Philip Morris to provide medical monitoring for lung cancer based on a new technology known as a low dose radiation CAT scan. 

3. Barnstable County Individually and on behalf of all other similarly situated v. Federal National Mortgage Association, Federal Home Loan Mortgage Corporation and Federal Housing Finance Agency, United States District Court for the District of Massachusetts,
Civil Action No. 1:13-cv-10232-MLW.

We represent Barnstable County, Massachusetts, and a proposed class of the other counties in Massachusetts, who seek an order that requires Fannie Mae and Freddie Mac, which are publicly traded companies, to pay the deeds excise taxes that every private entity must pay upon the sale and transfer of real property. 

4. Kathleen Shanley et al v. The Cadle Company et al.,
Shelia Martel et al v. The Cadle Company et al,

United States District Court for the District of Massachusetts
Civil Action No. 07-12247 and Civil Action No. 08-10388

Todd & Weld successfully defeated this consumer class action brought against The Cadle Company and its related entities alleging illegal debt collection in violation of Massachusetts law. A favorable judgment entered after the United States District Court denied the Plaintiffs’ motion for class certification.

5. Grace Enemark et al v. Cadete Enterprises, Inc., et al.
Civil Action No. 11-0574-BLS1, Suffolk County, Massachusetts

Todd & Weld represented a network of Dunkin' Donuts stores in a proposed class action on behalf of former and current employees who sought to recover tip monies that allegedly were wrongfully shared with store managers. The case favorably settled after nearly two years of litigation.

6. Granuflo - Mass Tort

We represent a growing number of plaintiffs in a mass tort case against the manufacturer, designer and seller of a dialysis solution known by the trade name, Granuflo. The defendants are Fresenius Medical Care Holdings, Inc., Fresenius Medical Care North America, Inc., Fresenius USA, Inc., Fresenius USA Marketing, Inc. and Fresenius USA Sales, Inc. (collectively "Defendants"). In June 2012, the FDA required Defendants to issue a Class I recall of the Granuflo product. As alleged in the pending complaints, Defendants' negligence and recklessness in designing, developing and selling Granuflo caused serious injury and death to hundreds, if not thousands, of dialysis patients. Todd & Weld is pursuing these cases in Massachusetts state court.

7. In Re: New England Compounding Pharmacy, Inc. Products Liability Litigation

Todd & Weld represents two of the six named individual defendants in litigation filed against New England Compounding Pharmacy, Inc., a family owned corporation ("NECC"), and related family owned companies as well as the individual shareholders and directors of NECC, stemming from allegations that methylprednisolone ("MPA") compounded at NECC was contaminated and allegedly led to more than 50 deaths and numerous injuries. To date, more than 168 cases have been filed nationwide, with all federal cases recently consolidated in a multi-district litigation in federal court in Boston. NECC filed a Chapter 11 petition in December of 2012, and the trustee in bankruptcy has filed a motion seeking to consolidate all cases filed in the state courts across the nation with the MDL in Boston. NECC is represented jointly with all individual defendants by national counsel at Harris Beach in New York. We are co-counsel with Harris Beach as to our two individual clients.