NEWS: October 29, 2024 — Martin Schmidt named one of the Leaders of Law recognized by the San Diego Business Journal in 2024.

“Martin Schmidt (Marty) of Schmidt National Law Group has led the charge on lawsuits against JUUL, 3M, Bayer and other major corporations. His firm is considered “San Diego’s Product Liability law firm”. Mr. Schmidt has been on local TV news discussing the various lawsuits he is involved in. Marty has been practicing law in San Diego for over 30 years.”

Biden-Harris Administration Finalizes Critical Rule to Clean up PFAS Contamination to Protect Public Health

EPA action designates two widely used PFAS as hazardous substances under the Superfund law, improving transparency and accountability to clean up PFAS contamination in communities

April 19, 2024

Contact Information – EPA Press Office (press@epa.gov)

WASHINGTON – Today, April 19, 2024, the U.S. Environmental Protection Agency (EPA) is taking another step in its efforts to protect people from the health risks posed by exposure to “forever chemicals” in communities across the country. Exposure to per-and polyfluoroalkyl substances (PFAS) has been linked to cancers, impacts to the liver and heart, and immune and developmental damage to infants and children. This final rule will designate two widely used PFAS chemicals, perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS), as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), also known as Superfund, and will help ensure that polluters pay to clean up their contamination.

This final action will address PFOA and PFOS contamination by enabling investigation and cleanup of these harmful chemicals and ensuring that leaks, spills, and other releases are reported. This action builds on the recently finalized standards to protect people and communities from PFAS contamination in drinking water and represents the latest step the Biden-Harris Administration is taking to protect public health and welfare and the environment under EPA’s PFAS Strategic Roadmap and to prevent cancer before it starts through the Biden Cancer Moonshot.

In addition to the final rule, EPA is issuing a separate CERCLA enforcement discretion policy that makes clear that EPA will focus enforcement on parties who significantly contributed to the release of PFAS chemicals into the environment, including parties that have manufactured PFAS or used PFAS in the manufacturing process, federal facilities, and other industrial parties.

“President Biden understands the threat that “forever chemicals” pose to the health of families across the country. That’s why EPA launched its PFAS Strategic Roadmap, a whole-of-agency approach to protecting public health and addressing the harm to communities overburdened by PFAS pollution,” said EPA Administrator Michael S. Regan. “Designating these chemicals under our Superfund authority will allow EPA to address more contaminated sites, take earlier action, and expedite cleanups, all while ensuring polluters pay for the costs to clean up pollution threatening the health of communities.”

EPA is taking this step to designate PFOA and PFOS under CERCLA because both chemicals meet the statutory criteria for designation as hazardous substances. Under the rule, entities are required to immediately report releases of PFOA and PFOS that meet or exceed the reportable quantity of one pound within a 24-hour period to the National Response Center, State, Tribal, and local emergency responders. The designation of PFOA and PFOS as hazardous substances under CERCLA enables the agency to use one of its strongest enforcement tools to compel polluters to pay for or conduct investigations and cleanup, rather than taxpayers. Designation is especially important as delay in addressing contamination allows PFOA and PFOS more time to migrate in water and soil, worsening existing contamination.

The final rule also means that federal entities that transfer or sell their property must provide notice about the storage, release, or disposal of PFOA or PFOS on the property and guarantee that contamination has been cleaned up or, if needed, that additional cleanup will occur in the future. It will also lead the Department of Transportation to list and regulate these substances as hazardous materials under the Hazardous Materials Transportation Act.

“It’s long past time for the polluters who poisoned all of us to be held responsible. This comes too late for all the people who were poisoned without their knowledge or consent and have paid the price for one of the greatest environmental crimes in history,” said Ken Cook, President and co-founder of Environmental Working Group. “But today’s designation of PFOA and PFOS as hazardous substances is the first step to bring justice to those who have been harmed. By putting the needs of the people ahead of the profits of the polluters, the Biden EPA is once again delivering for the American people.”

This final action is based on significant scientific evidence that these substances, when released into the environment, may present a substantial danger to public health or welfare or the environment. PFOA and PFOS can accumulate and persist in the human body for long periods of time, and evidence from scientific studies demonstrate that exposure to PFOA and PFOS is linked to adverse health effects.

“This is another important step by EPA to protect people and communities from harmful PFAS chemicals, including legacy PFAS contamination across the U.S. The science is clear that PFAS chemicals are linked to a wide range of health harms including cancer, damage to cardiovascular and immune systems, poor pregnancy outcomes, and effects on the developing child,” said Dr. Tracey Woodruff, Professor & Director, Program on Reproductive Health & the Environment (PRHE)/Environmental Research and Translation for Health at the University of California, San Francisco. “By listing PFOA and PFOS as hazardous substances under the Superfund Law, it means that these chemicals will have to be cleaned up from hazardous waste sites and polluters must pay the bill. This is great news for the many communities grappling with PFAS contamination – many of which are also low income and communities of color. This is another step toward protecting people from the health harms of this well-known toxic chemical.”

EPA’s Superfund program has worked effectively for more than 40 years to target and prioritize cleanups of the nation’s most contaminated sites that present unacceptable risks to human health and the environment. The Superfund program addresses more than 800 hazardous substances, including widespread, highly mobile, and persistent chemicals, like PFOA and PFOS. The program also promotes safer industrial practices that enhance community protections by reducing the likelihood of future releases. Additionally, cleanups allow communities to put land back into productive use, providing opportunities for jobs and economic growth.

In addition, EPA’s enforcement policy, consistent with EPA’s past practice over decades of implementing the law, will provide additional clarity on the agency’s intent not to pursue certain parties such as farmers, municipal landfills, water utilities, municipal airports, and local fire departments, where equitable factors do not support seeking CERCLA cleanup or costs. EPA has a proven track record of developing and applying enforcement discretion policies that are effective and well-received by stakeholders, ensuring entities that have contributed significant contamination are held accountable.

Biden-⁠Harris Administration Takes Critical Action to Protect Communities from PFAS

In addition to efforts across the government, EPA has taken action under the agency’s PFAS Strategic Roadmap to control PFAS at its sources, hold polluters accountable, ensure science-based decision making, advance environmental justice, and address the impacts on disadvantaged communities. Since launching the Roadmap in 2021, EPA has taken a suite of actions to protect communities from exposure to “forever chemicals” including:

Established first-ever national legally enforceable drinking water standard for PFAS: In April 2024, EPA finalized National Primary Drinking Water Regulation (NPDWR) for six PFAS which will protect 100 million people from PFAS exposure, prevent tens of thousands of serious illnesses, and save lives. This action complements the Biden-Harris Administration’s commitment to combatting PFAS pollution and delivering clean water.
Dedicated $9 billion in funding to address PFAS and other emerging contaminants in drinking water: President Biden’s Bipartisan Infrastructure Law secured the largest-ever investment in tackling PFAS pollution in drinking water. An additional $12 billion in funding from the Bipartisan Infrastructure Law supports general drinking water investments, including PFAS treatment. The investments are part of the Justice40 Initiative, which aims to ensure that 40 percent of the overall benefits of certain federal investments flow to disadvantaged communities.
Guidance on Destroying and Disposing of PFAS: EPA released updated Interim Guidance which outlines the best-available science on techniques and treatments that may be used to destroy or dispose of PFAS and PFAS-containing materials from non-consumer products, including aqueous film-forming foam for firefighting, and highlights innovation and emerging technologies that warrant further evaluation.
Addressing on-going uses of PFAS: In January 2024 EPA finalized a rule that prevents companies from starting or resuming the manufacture or processing of 329 PFAS; released three methods to better measure PFAS in the environment; and announced the addition of seven PFAS to the list of chemicals covered by the Toxics Release Inventory (TRI), consistent with the Fiscal Year 2020 National Defense Authorization Act.

EPA will publish the Final Rule in the Federal Register shortly. The rule will be effective 60 days after the rule is published in the Federal Register.

Schmidt National Law Group Sues Philip Morris & Zyn for Deceptive Marketing

March 6, 2024, San Diego, CA — Attorney Martin Schmidt of The Schmidt National Law Group has taken action and has filed the first lawsuit against Swedish Match North America and parent Philip Morris International (PMI) in the Southern District California court for its oral nicotine product brand Zyn for marketing to children and failure to warn consumers.

This case is similar in nature to the complaint The Schmidt National Law Group filed and won for the JUUL nicotine vape product, which settled for $235 million.

Zyn is marketed as a safer alternative to smoking cigarettes or chewing tobacco that is spit-free, tobacco-free, and smoke-free. The product has also been touted as solution for people to quit smoking cigarettes, much like a nicotine patch. However, Zyn is not nicotine-free. In this complaint, Martin Schmidt alleges that Zyn technically exposes users to more nicotine than cigarettes, which could increase the risk of nicotine addiction.

Bailey Wolters, the plaintiff in the case, claims that his use of ZYN led to nicotine addiction and dental problems. The issue at hand is that Philip Morris has minimized the potential for addiction and the related health issues in their advertising. Our goal is to obtain compensation for the failure of the company to inform consumers about the risks of nicotine addiction, which encompass gum disease, cognitive impairments, cardiovascular harm, and gastrointestinal complications.

The Food and Drug Administration (FDA) has not yet given approval to Zyn, even though the product has been available for almost ten years and has generated billions of dollars in sales annually. The FDA is currently investigating the marketing strategies employed by Philip Morris for Zyn, as there are increasing concerns that it may be targeting teenagers, similar to what happened with JUUL.

Multiple members of Congress have echoed the concerns expressed by the FDA regarding Zyn’s marketing tactics. Senate Majority Leader Chuck Schumer has called for legislative and regulatory measures to restrict the marketing and sale of Zyn. Their apprehension stems from the fear that Zyn may contribute to a surge in nicotine addiction among young people, who might eventually transition to smoking cigarettes. It is worth mentioning that regulatory bodies in Belgium, Germany, and the Netherlands have all prohibited the sale of nicotine pouch products like Zyn, deeming them a “gateway” nicotine product for teenagers and young adults.

The Schmidt National Law Group intends to hold Swedish Match North America and parent Philip Morris International (PMI) accountable for its unethical marketing strategies to minors and willfully concealing the dangers of its Zyn oral nicotine delivery pouches. Read more about the Zyn Class Action Lawsuit here.

COMPLAINT CASE NO.: 3:24-cv-00417-AGS-MMP
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF CALIFORNIA

About Schmidt National Law Group.
Since 2012 the Schmidt National Law Group has successfully represented thousands of claimants who have been victims of defective products, dangerous drugs, faulty medical devices, environmental disasters, corporate fraud, employment violations, and various other injuries. Our law firm’s extensive experience in all aspects of consumer law is unmatched and gives our clients the best possible legal help available.

FDA Bans PFAS ‘Forever Chemicals’ in Food Packaging

February 29, 2024 —The Food and Drug Administration (FDA) has recently taken a significant step in protecting consumer health by banning the use of PFAS (per- and polyfluoroalkyl substances), commonly known as “forever chemicals,” in food packaging in the United States. This move comes as a response to growing concerns about the potential health risks associated with these substances. In this article, we will explore the implications of this ban, the impact on consumer safety, and what it means for the food industry.

What are PFAS Chemicals?

PFAS chemicals are a group of man-made substances that have been widely used in various industries for decades due to their unique properties. These chemicals are resistant to heat, water, and oil, making them ideal for use in food packaging materials such as pizza boxes, microwave popcorn bags, and fast-food wrappers. However, their persistence in the environment and potential health risks have raised red flags among experts and regulatory agencies. Learn more about PFAS Forever Chemicals.

PFAS chemicals have been linked to a range of health issues, including cancer, liver damage, developmental problems, and immune system dysfunction. These substances have the ability to accumulate in the human body over time, leading to long-term exposure and potential harm. Recognizing the need for action, the FDA has decided to address the use of PFAS chemicals in food packaging to safeguard public health.

The FDA’s Ban on PFAS in Food Packaging

On [DATE], the FDA announced a ban on the use of PFAS chemicals in food packaging. This decision marks a significant milestone in the agency’s efforts to reduce exposure to these potentially harmful substances. The ban prohibits the use of PFAS chemicals in both domestic and imported food packaging materials. This means that manufacturers will need to find alternative solutions that do not pose similar health risks.

The FDA’s ban is based on extensive scientific research and risk assessments conducted by the agency. The decision considers the potential for PFAS chemicals to migrate from food packaging into the food itself, leading to human exposure. By eliminating the use of these substances, the FDA aims to reduce the risk of consumers ingesting PFAS chemicals through their food and beverages.

Implications for Consumer Safety

The FDA’s ban on PFAS chemicals in food packaging has significant implications for consumer safety. By removing these substances from the packaging materials, the risk of PFAS migration into food is greatly reduced. This, in turn, lowers the potential for long-term exposure and associated health risks.

Consumers can now have greater confidence in the safety of the food packaging they come into contact with daily. The ban provides an added layer of protection, ensuring that harmful chemicals are not present in the materials used to store, transport, and serve their food. This move aligns with the FDA’s commitment to promoting public health and addressing emerging concerns in the food industry.

Impact on the Food Industry

The FDA’s ban on PFAS chemicals in food packaging will undoubtedly have an impact on the food industry as a whole. Manufacturers of food packaging materials will need to reformulate their products to comply with the new regulations. This may involve finding alternative materials that do not contain PFAS chemicals or developing new technologies to ensure the safety of food packaging.

While this transition may come with initial challenges for the industry, it presents an opportunity for innovation and the development of safer packaging solutions. Many manufacturers have already been working on phasing out the use of PFAS chemicals in their products voluntarily. The FDA’s ban now provides a clear regulatory framework and timeline for the complete elimination of these substances.

Compliance and Enforcement

The FDA will be responsible for enforcing the ban on PFAS chemicals in food packaging. The agency will work closely with manufacturers to ensure compliance and provide guidance on alternative materials and practices. Manufacturers will be required to demonstrate that their food packaging materials meet the new standards before they can be used in the market.

It is worth noting that the ban does not apply to all PFAS chemicals. The FDA’s focus is primarily on the long-chain PFAS substances, which have been associated with greater persistence in the environment and potential health risks. Short-chain PFAS chemicals, which are believed to be less harmful, may still be used in food packaging materials but will be subject to ongoing evaluation and monitoring.

Looking Ahead: Future Regulations and Research

The FDA’s ban on PFAS chemicals in food packaging is just one step in an ongoing effort to address the potential risks associated with these substances. As scientific knowledge evolves and new research emerges, further regulations and guidelines may be introduced to enhance consumer safety.

The agency is also actively engaged in research to better understand the impact of PFAS chemicals on human health. This includes studying the potential routes of exposure, establishing safe exposure limits, and evaluating the effectiveness of alternative packaging materials. The FDA’s commitment to evidence-based decision-making ensures that future regulations will be grounded in the latest scientific findings.

Widespread new study reveals additional cancer connections to contaminated water at Camp Lejeune

February 2, 2024 —A recent study conducted by the government has revealed that individuals who resided and were employed at Camp Lejeune in North Carolina between the years of 1975 and 1989 have a higher likelihood of being diagnosed with specific types of cancer when compared to those stationed at a similar military base in California during the same time frame. This finding has been eagerly awaited by both military and civilian personnel.

The research may result in a broader range of disorders that qualify for government reparation for both veterans and civilians who were employed at the military base.

The drinking water supply at Camp Lejeune was significantly polluted with various hazardous substances such as trichloroethylene (TCE), vinyl chloride, and benzene, from 1953 to 1985. This contamination affected a large number of individuals, including members of the Marines and Navy, as well as civilians who worked at the base. The exposure to these chemicals was unintentional and occurred through various means such as drinking the water, inhaling steam from showers, and even washing hands.

A number of studies have indicated that individuals who were exposed to the polluted water in that area had a higher risk of death from specific types of blood and organ cancers, as well as being approximately 70% more susceptible to developing Parkinson’s disease, as reported by CNN in 2023. Concerns have also been raised regarding potential birth defects and fertility issues among those who were exposed.

In 2015, the US Centers for Disease Control and Prevention conducted significant new research regarding the potential development of cancer among individuals who served on the base more than 10 years ago.

Last year, there was a legal battle over a study on the toxic water at Camp Lejeune. Lawyers representing individuals who claim to have been affected by the water requested a federal judge to order the government to disclose the results of the study.

A legal deadline is impeding research progress

With the passage of a federal law in 2022, individuals who suspect they have been negatively impacted by polluted drinking water at Camp Lejeune have until August 10, 2024, to submit a claim for reimbursement from the government. As of now, over 160,000 claims have been registered as the clock continues to tick.

According to 56-year-old Michael Partain, who was born at Camp Lejeune in 1968, the possibility that the study would remain stagnant at the CDC until the resolution of all the legal proceedings was a source of fear. However, the recent development should provide significant relief to the affected families.

The judges in charge of the lawsuit decided against mandating the publication of the research. As a result, the plaintiffs withdrew their appeal this month, following reassurances from the Agency for Toxic Substances and Disease Registry (ATSDR), a branch of the CDC, that the results would be made public by the end of this month.

During a press conference on the investigation, Dr. Aaron Bernstein, the director of ATSDR, stood by the agency’s schedule for publishing the findings.

According to Bernstein, it is important to acknowledge the numerous legal concerns surrounding Camp Lejeune. However, the main focus of CDC and ATSDR is to guarantee the highest quality of scientific research. Bernstein assures that their team has followed the standard procedures of internal and external peer review within CDC to ensure the credibility of this particular study.

According to Partain, the research was published on his birthday and he considered it to be a lovely present.

According to Partain, it is appropriate that this has been a long-standing battle with the government.

Jerry Ensminger, a 71-year-old veteran, and his colleague, Partain, have dedicated countless years to advocating for the recognition and support of ill veterans who were stationed at Camp Lejeune. Ensminger’s spouse resided on the base while pregnant with their second child, Janey. Sadly, Janey was diagnosed with leukemia at the young age of 6 and eventually passed away.

At the age of 39, Partain was diagnosed with breast cancer, a disease typically associated with women. He attributes his cancer to his exposure to harmful substances while in the womb.

For several years, there has been a suspicion of a connection between male breast cancer and the presence of chemical contamination at Camp Lejeune. The recent research has confirmed that individuals who lived and worked at this base, where the water was contaminated, had a significantly higher incidence of this uncommon form of cancer compared to those who served or worked at a different base with clean water.

Linking cancer to harmful chemicals

The Department of Justice has officially acknowledged nine health conditions that are linked to the contaminated water at Camp Lejeune, including kidney cancer, liver cancer, non-Hodgkin lymphoma, leukemias, bladder cancer, multiple myeloma, Parkinson’s disease, kidney disease, and systemic sclerosis. This list is based on research conducted by ATSDR on the effects of chemicals that were released into the water supply. The US Department of Veterans Affairs also relies on this research to establish eligibility requirements for healthcare and other benefits.

A recent study has revealed that veterans who were exposed to a chemical at Camp Lejeune had a 70% increased risk of developing Parkinson’s disease, according to a related article published by CNN in May 2023.

Over the years, supporters of the approximate number of individuals who were exposed to the contaminated water at Camp Lejeune from 1953 to 1985 have continuously advocated for the government to broaden its catalogue of health conditions officially associated with the discharged toxins.

According to Partain, this further serves as proof that the water at Camp Lejeune had an impact on our health. It is another significant aspect of the overall situation. The conclusion can be drawn that these individuals were indeed affected and therefore, they require proper care.

The study not only found a link between male breast cancer and the contamination in the area, but it also revealed other types of cancers that were not previously known to be associated with it. These included various myeloid cancers, such as polycythemia vera, which is a form of blood cancer, as well as myelodysplastic and myeloproliferative syndromes, a group of disorders caused by abnormal blood cell formation or function. Other cancers identified were those of the esophagus, voice box, thyroid, and soft tissue, as well as marginal B-cell lymphoma and certain types of lung cancer.

According to the research, individuals in the military who were stationed at Camp Lejeune had a heightened likelihood of developing certain types of cancer, with a risk that was 20% higher than those stationed at Camp Pendleton in California.

The research indicated that civilians had varying levels of risk, potentially due to the smaller number of total cancers within this group and their unique exposure patterns. Individuals who resided or worked at Camp Lejeune during the study timeframe had a minimum of a 20% increased chance of developing all types of myeloid cancers, such as polycythemia vera, specific forms of lung cancer, and ductal breast cancer in females. The data also displayed a heightened trend for oral and thyroid cancers, acute myelogenous leukemia, blood disorders, B-cell lymphomas, and nonpapillary transitional cell bladder carcinoma.

According to the extensive research, over 400,000 individuals, including service members, who were stationed at Camp Lejeune or Camp Pendleton between October 1972 and December 1985 and confirmed to be alive in 1996, were monitored. It was not reported that the water at Camp Pendleton was contaminated during the time frame of the study.

The researchers were able to conduct a fair comparison by examining the outcomes of military personnel at two different bases. This approach was necessary in order to avoid the healthy veteran effect, a bias that arises due to the fact that service members generally have better health and receive more frequent medical evaluations compared to the general population.

The participants of the research were, on average, 35 years old while residing on the bases and approximately 57 years old when the follow-up of the study concluded. On average, the individuals were monitored for a period of 20 years.

In their study, scientists utilized the frequency of various non-cancerous ailments, such as chronic obstructive pulmonary disease (COPD) and chronic liver disease, to differentiate the impacts of two behaviors that increase the chances of developing cancer – smoking and alcohol consumption – within their findings.

The strength of the study is also attributed to the researchers obtaining permission from cancer registries in all states and territories to share their data, which they claim has never been achieved previously.

According to Bernstein, this cancer study is notable for several reasons. One of the most significant reasons is that it is a substantial cancer incidence cohort study conducted in the US. The study utilized data from cancer registries in all 50 states.

The data collected would provide insight into the cancer risk associated with exposure to these chemicals in various contexts, not just for individuals connected to Camp Lejeune.

According to Bernstein, it is crucial for individuals who were present at Camp Lejeune during the period of contamination to acknowledge their exposure and receive frequent cancer screenings. This study highlights the significance of being mindful of one’s exposure and taking necessary precautions.

According to the speaker, it is important for them to ensure regular appointments with their healthcare providers and undergo necessary screenings.

State Attorney Generals Blast “Texas Two-Step” Bankruptcy Maneuver

January 24, 2024 — A group of 3 U.S. senators and 24 state attorneys general are calling on the U.S. Supreme Court to intervene and prevent financially stable companies, such as Georgia-Pacific, from using bankrupt shell companies as a tactic to evade legal action.

Senators Dick Durbin of Illinois, Sheldon Whitehouse of Rhode Island, and Josh Hawley of Missouri filed an amicus brief on Monday, urging the court to overturn a ruling made in June 2023 by the 4th U.S. Circuit Court of Appeals.

This ruling halted tens of thousands of lawsuits against Georgia-Pacific, alleging that their products containing asbestos were responsible for causing cancer. The lawsuits were put on hold due to Georgia-Pacific’s subsidiary, Bestwall, being in bankruptcy.

In a statement on Tuesday, the senators expressed their concern about Bestwall’s actions, stating that they have found a way to manipulate the bankruptcy court system and disregard the intentions of Congress. The attorneys general from 24 states and Washington, D.C. also filed a separate amicus brief, calling for an end to what they consider to be an abuse of bankruptcy laws.

They argue that the 4th Circuit’s decision undermines the states’ authority to enforce their own laws and protect their citizens. In 2017, Georgia-Pacific, a subsidiary of Koch Industries, implemented a legal strategy known as the “Texas two-step,” which involved creating a new subsidiary, Bestwall, to handle their asbestos liabilities and filing for bankruptcy in North Carolina. At the time of the bankruptcy filing, the company faced 64,000 asbestos lawsuits.

The amicus briefs allege that Georgia-Pacific, a company with a value in the tens of billions of dollars, is exploiting the bankruptcy system to shield its assets from those harmed by their products. This tactic allows them to prevent legal action from individuals and states without having to file for bankruptcy themselves.

Georgia-Pacific declined to comment on the matter. The Supreme Court has not yet addressed the “Texas two-step” strategy, but it is currently reviewing a case involving Purdue Pharma’s bankruptcy plan, which will determine the extent to which bankruptcy courts can protect non-bankrupt company owners.

It has not yet been decided if the Georgia-Pacific case will also be taken up by the court. North Carolina, which has seen an increase in two-step bankruptcies since Bestwall’s filing, is seeking to discourage others from following suit and creating shell companies in the state for the purpose of filing “abusive” bankruptcies, according to the states’ brief.

North Carolina Attorney General Josh Stein stated that wealthy companies should not be able to evade accountability by manipulating the legal system. Unlike other courts that have rejected similar two-step bankruptcies, U.S. bankruptcy judges in North Carolina have allowed them to proceed. Attorneys representing asbestos victims who are suing Georgia-Pacific filed a petition with the Supreme Court in December, arguing that the 4th Circuit’s decision gives bankruptcy courts too much power in halting lawsuits against non-bankrupt companies.

In their ruling made in June 2023, a divided panel of the 4th Circuit held that pausing the lawsuits against Georgia-Pacific, which is not bankrupt, would give Bestwall a better chance at reorganizing in bankruptcy.

The majority opinion placed responsibility on the plaintiffs’ lawyers for refusing to settle their asbestos claims during Bestwall’s bankruptcy, while a dissenting opinion placed blame on Georgia-Pacific and Bestwall for attempting to avoid the lawsuits through a “corporate shell game.”

The case, officially known as Official Committee of Asbestos Claimants v. Bestwall LLC, is currently before the U.S. Supreme Court, docket number 23-675.

Lack of Diversity Raises Concerns in Juul Labs Inc. Settlements

December 19, 2023, San Diego, CA. — Juul MDl Attorneys get $76.5 million and a lesson in diversity.

In recent developments surrounding the Juul Labs Inc. settlements, a federal judge has allowed plaintiffs’ lawyers to proceed with up to $150 million in attorney fees. However, the lack of diversity among the lawyers involved in the litigation has raised concerns. U.S. District Judge William Orrick expressed his disappointment that not a single lawyer among the 62 firms representing the plaintiffs was Black or Latino. This lack of representation highlights the need for greater inclusivity in the legal profession and calls for the courts to do better.

The Juul Labs Inc. Settlements

Juul Labs Inc., a prominent e-cigarette company, has faced numerous lawsuits in recent years. These lawsuits allege that the company’s marketing tactics targeted young people and contributed to the rise in youth vaping. The multidistrict litigation (MDL) consolidated these cases into a single legal proceeding, aiming to expedite the resolution and provide a fair outcome for all parties involved.

Concerns Over Lack of Diversity

Judge Orrick’s remarks at a recent hearing shed light on the lack of diversity among the lawyers representing the plaintiffs in the Juul Labs Inc. settlements. He expressed his disappointment that out of the 62 firms involved in the litigation, none had Black or Latino lawyers leading the charge. This lack of representation raises concerns about equal access to opportunities within the legal profession.

Importance of Diversity in the Legal Profession

Diversity and inclusion are crucial in the legal profession for several reasons. Firstly, a diverse legal team brings different perspectives and experiences to the table, leading to more comprehensive and well-rounded legal strategies. Secondly, diverse legal representation ensures that all individuals, regardless of their background, have equal access to justice and fair representation.

The Need for Inclusivity in MDLs

Multidistrict litigations, such as the Juul Labs Inc. settlements, involve a large number of plaintiffs and defendants. These complex legal proceedings require the participation of skilled lawyers from diverse backgrounds to ensure fair representation for all parties involved. The lack of diversity in MDLs can lead to a skewed perspective and potential biases in the outcomes.

Addressing the Diversity Gap

To address the diversity gap in MDLs and the legal profession as a whole, several steps can be taken. Firstly, law firms should actively recruit and promote lawyers from underrepresented communities. This can be achieved through targeted outreach programs, mentorship initiatives, and inclusive hiring practices. Secondly, judges and court administrators should prioritize diversity when appointing lead counsel in MDLs, ensuring that representation reflects the population affected by the litigation.

Benefits of Diversity in MDLs

Promoting diversity in MDLs has numerous benefits. Firstly, it enhances the legitimacy of the legal process by ensuring that all voices are heard and considered. It also helps to build trust among the affected communities, as they can see themselves represented in the legal proceedings. Additionally, diverse legal teams are more likely to understand the unique challenges faced by different communities, leading to more effective advocacy and better outcomes.

The Role of Technology in Promoting Diversity

Technology can play a significant role in promoting diversity in the legal profession. Online platforms and databases can connect law firms with diverse talent, making it easier to identify and recruit lawyers from underrepresented communities. Furthermore, technology can facilitate remote participation in legal proceedings, allowing lawyers from different geographical locations to contribute their expertise and perspectives.

The Responsibility of the Courts

Judge Orrick’s remarks highlight the responsibility of the courts in ensuring diversity and inclusivity in MDLs. By actively considering diversity when appointing lead counsel and encouraging participation from lawyers of different backgrounds, courts can contribute to a more equitable legal system. Additionally, judges can advocate for changes in legal education and professional development to promote diversity from the early stages of a lawyer’s career.

Conclusion

The lack of diversity among the lawyers involved in the Juul Labs Inc. settlements raises concerns about equal representation and access to justice. It emphasizes the need for greater inclusivity in the legal profession and calls for proactive measures to address the diversity gap. By promoting diversity in MDLs and the legal profession as a whole, we can ensure a more equitable and effective legal system for all. The courts, law firms, and legal professionals all have a role to play in achieving this goal.

Updates February 2023:

New information on the TED eye medication Tepezza Lawsuit

Get the Facts Discovering Elmiron Lawsuit Settlement Amounts

Implications of the Exactech Recall Lawsuit

See if your base is on the List of Military Bases with PFAS Contamination

Navigating the Complexities of Birth Injury Lawsuit Settlements

Symptoms of NEC Baby Formula: Toxic Baby Formula NEC Lawsuit

Your Rights as a Railroad Worker: Federal Employers Liability Act and Finding a FELA Railroad Attorney

Updates March 2023:

Read the latest on the Talcum powder lawsuit update, payout settlement amounts

Find out the legal status of the Roundup Lawsuit Update 2023

Read about the Sex Abuse by a Therapist or Counselor Lawsuits.

Learn more on the FDA recall that lead to the EzriCare Artificial Tears Infection Lawsuit

Breaking Down the facts on the Tepezza Lawsuit 2023

Read the FDA AccessData Sheet for bladder drug Elmiron

Learn about the drinking water of 700 military bases have tested positive for PFAS contamination

Understanding your rights about FELA Railroad Claims

Understanding Cerebral Palsy – Causes and Risk Factors

Understanding the Impact of Exactech Replacement Recalls

Learn about the Talcum Powder Uterine Cancer Lawsuit

Understanding the NEC Class Action Lawsuit

Find out about the status of the Roundup Lawsuit Update

Updates April 2023:

Therapist State Resource Pages:

Therapist sexual abuse lawyer New York

Therapist sexual abuse lawyer Massachusetts

Therapist sexual abuse lawyer Virginia

Therapist sexual abuse lawyer Maryland

Therapist sexual abuse lawyer New Jersey

Therapist sexual abuse lawyer Pennsylvania

FDA Communication for Exactech Joint Replacement defective packaging.

The Alarming Rise of Social Media Addiction in Teens.

Updates May 2023:

Learn more about the Cartiva Implant Lawsuit

New settlements means IVC Filter Claims are still being accepted.

New Laws Help Clergy Sex Abuse Victims in Maryland

Learn about the Stryker STAR Ankle Recall Lawsuit

New Hampshire Youth Abuse Survivors Must Act Now for Statute of Limitations

JUUL Labs settles for $1.7 Billion, Illustrates the Power in Co-Counsel Litigation.

When legal partnerships are created – Litigation success increases.

San Diego, CA, February 1, 2023 — The Schmidt National Law Group began an investigation to examine how JUUL and other e-cigarettes’ companies illegally marketed their products to youth starting in early 2018.

Now in 2023 it has come full circle as JUUL has agreed to settle more than 5,000 lawsuits over its vaping products for misrepresentation and using online “influencers” to entice young people.

By working with several of the Plaintiff Steering Committee (PSC) firms helped raise public awareness and retained potential claimants for our co-counsel firms.

Schmidt National Law Group was able to raise awareness by utilizing and leveraging its vast online channels including web, social media, search engine optimization and content generation resulting in reaching approximately 8 Million potential JUUL users.

With this online push, over 17,000 people raised their hands to speak with Schmidt National Law Group about the JUUL lawsuit. Our firm ultimately retained close to 4,000 JUUL claimants for various PSC co-counsel firms.

This attention also alerted the FDA to examine JUUL’s highly questionable marketing practices, which led them to issue a Marketing Denial Order (MDO) of its products on June 23, 2022.

Ultimately our JUUL plaintiffs were able to settle the cases for $1.7 billion dollars and that the Schmidt National Law Group was able to support and assist our co-counsel firms in this endeavor.

Lead attorney Martin Schmidt issued this statement on the massive JUUL settlement:

”Through good lawyering and good fortune we were able to obtain a substantial recovery and justice for those harmed by Juul and avoid them from filing bankruptcy.”

“The scope of these suits is enormous,” notes Lieff Cabraser partner Sarah R. London, who serves as Co-Lead Counsel for MDL Plaintiffs in the litigation. “These settlements will put meaningful compensation in hands of victims and their families, get real funds to schools for abatement programs, and help government and tribal entities prevent youth use of e-cigarettes across the U.S. And we are continuing to vigorously pursue all of plaintiffs’ claims against non-settling defendant Altria.”

These actions on the US based JUUL campaign also led the Schmidt National Law Group to partner with a select Canadian firm in British Columbia to raise public awareness and to certify a class action against JUUL.

Why Partner with the Schmidt National Law Group?

As one of the largest partnering law firms, Schmidt National Law Group has a robust internal marketing team able to acquire virtually any type of case that is requested.

Not a lead vendor, but an actual law firm. By generating these potential claims and cases internally through our marketing team, the firm thoroughly understands case acquisition, especially case retention, and you pay no agency fees.

Schmidt National Law Group is seeking firms interested in either co-advertising and sharing in attorney’s fees and/or co-advertising with us as a qualified litigating firm.

Internal Processes and Controls all in House.

By participating in the acquisition cost, and screening callers via case managers backed by skilled paralegals makes the process seamless, while being fully managed and supervised by attorneys.

This unique approach provides not only our partner’s success, but also the success in litigation with a higher quality of signed clients, and ensures a low number of dual reps and client fallout.

Other controls include sending out the on-boarding packets and wet signatures as needed throughout the litigation process. This allows strong communication to our mutual clients keeping them engaged until settlements are reached.

By taking care of the administrative duties such as document retrieval and PFS gathering, it’s like we are truly an extension of your firm.

Schmidt National Law Group works with the very best elite litigating firms, and welcomes the opportunity to work with you. In closing, we’re proud of our attention to detail, support and assistance to our co-counsel.

Questions, comments or thoughts? Please contact Matt Scaffa, Director of Operations at 1-800-631-5656.

About Schmidt National Law Group.

Since 2012 the Schmidt National Law Group has successfully represented thousands of claimants who have been victims of defective products, dangerous drugs, faulty medical devices, environmental disasters, corporate fraud, employment violations, and various other injury and negligence. Our law firm’s extensive experience in all aspects of consumer law is unmatched and gives our clients the best possible legal help available.

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