Author: lawFirm

NEW JERSEY TEEN FILES PRODUCT LIABILITY LAWSUIT AGAINST JUUL MANUFACTURER

18-year-old claims vaping led to nicotine addiction, hospitalization

NEWARK, N.J. – A New Jersey teenager is suing the makers of the JUUL e-cigarette in federal court, claiming that the pervasive social media marketing of the popular device led to his nicotine addiction, hospitalization and serious health problems.

According to the filing, 18-year-old Matthew Divello of Medford, about 20 miles east of Philadelphia, began using JUUL devices in early 2017 while a junior in high school. In just the past 18 months, he has suffered behavioral and cognitive problems, declining academic status, and was hospitalized for three days in August.

During his hospitalization Mr. Divello battled fever, nausea, and severe vomiting, all symptoms tied to high levels of nicotine. The lawsuit notes that this exposure leads to lifelong risks for heart disease, stroke, cancer and depression, as well as long-term treatment for such conditions.

“Matthew’s health has been put at risk by a company that simply didn’t care about the welfare of its key targets, the teenagers of America,” said Mark Lanier of The Lanier Law Firm in Houston. “JUUL clearly was only concerned about sales and marketing, not safety and warnings. The result was a dangerous, pervasive product that quickly met its goal of getting young people addicted to nicotine.”

Mr. Lanier is consistently recognized as one of the top trial lawyers in the nation, having secured precedent-setting jury awards for people harmed by dangerous drugs, medical devices and consumer products. One example is last year’s $4.69 billion verdict against the makers of Johnson & Johnson’s Baby Powder and Shower to Shower.

At the time Mr. Divello began using JUUL products there were no warnings about nicotine or the risks of nicotine addiction anywhere on the product’s packaging. Studies have shown that e-cigarettes, initially marketed in flavors such as fruit medley and crème brulee, contain three times more nicotine than a pack of cigarettes marketed to adults.

The case is Matthew Divello v. JUUL Labs, Case No. 2:19-cv-16915, in U.S. District Court, Newark Division, for the District of New Jersey.

For more than 30 years, the men and women at the Lanier Law Firm have worked tirelessly, throughout the United States, to find unique and effective solutions for its clients. More than 60 skilled attorneys practice law in a broad array of areas, including commercial litigation, asbestos exposure and contamination, personal injury, business fraud, among others. Named an Elite Trial Law Firm by The National Law Journal, the Lanier Law Firm has offices in Houston, New York,  Los Angeles and Oklahoma City. To learn more about Mark Lanier and the Lanier Law Firm, visit http://www.lanierlawfirm.com.

NINE LANIER LAW FIRM ATTORNEYS RECOGNIZED ON 2019 LIST OF TEXAS SUPER LAWYERS

HOUSTON – Nine attorneys from The Lanier Law Firm have earned spots on the 2019 list of Texas Super Lawyers.  No more than 5 percent of Texas attorneys are named to the list each year.

Firm founder Mark Lanier was again named one of the Top 10 attorneys in the state based on his work in class actions and mass torts and was selected to the list for the 16th consecutive year. In July of 2018, Mr. Lanier secured one of the largest plaintiffs’ personal injury verdicts in history, nearly $4.7 billion on behalf of 22 women who developed ovarian cancer after longtime use of asbestos-laced talcum powder made by Johnson & Johnson.

That verdict follows the firm’s success in three federal court jury verdicts totaling almost $2 billion against J&J and its Pinnacle division based on claims from multiple plaintiffs who suffered serious medical complications caused by the company’s defective hip implant devices. These results cumulatively put Mr. Lanier close to $20 billion in verdicts during his highly acclaimed career.

Richard D. Meadow, the firm’s National Mass Tort Leader and Director of Business Development, is named to the Super Lawyers list for the eighth time. Mr. Meadow has more than 30 years of experience in representing individuals who have been injured by dangerous pharmaceutical drugs, medical devices and defective products and has successfully tried more than 25 cases to verdict.

Appellate lawyer Kevin P. Parker also earned a spot on the list for the eighth time. He leads the firm’s Issues and Appeals practice group, where his team analyzes and briefs legal issues at the trial and appellate court levels.

Alex J. Brown is named on the Super Lawyer list for a third consecutive year. The Managing Attorney of the firm’s Commercial Litigation section, Alex has represented companies and individuals in high-stakes business litigation across the country at both the trial and appellate level, and in domestic and international arbitration forums.

Dara Hegar, the Managing Attorney for the firm, is a multiple year honoree on the Super Lawyers roster.  Ms. Hegar has represented clients in each of the firm’s practice areas and has focused on trial coordination in complex litigation matters. While her proficiency spans across all of the firm’s practice areas, Ms. Hegar’s specialty has been managing complex litigations and providing specific insight at trial that has resulted in many significant verdicts and settlements over the past 20 years.

Four firm attorneys earned Texas Super Lawyers honors for their representation of personal injury clients.

Sam E. Taylor II was recognized for the 11th year for his accomplishments in the courtroom. As lead counsel, he has tried more than 40 personal injury jury cases, including wrongful death and other incidents that resulted in serious personal injuries.

Lawrence P. Wilson earned recognition for the eighth time based on his experience in cases involving personal injury, industrial plant explosions, FELA/railroad claims and other transportation-related claims.

Patrice McKinney was honored for the third time by Texas Super Lawyers. She has secured numerous jury awards and substantial settlements for hard-working people who have been severely injured by the negligence of others.

Judson A. Waltman was named to the prestigious list for the second consecutive year. He serves as Managing Attorney in Houston over Personal Injury, Product Liability and Maritime Litigation and has tried numerous cases to verdict. He also produced two of the firm’s largest settlements on behalf of clients who were catastrophically injured by trucking companies.

To develop the list of Texas’ top attorneys, researchers with Thomson Reuters conduct a statewide survey asking attorneys to nominate their top legal peers. A blue-ribbon panel of lawyers then assists Texas Super Lawyers staff with final selections.

RACHEL LANIER FEATURED ON GREAT TRIALS PODCAST TO DISCUSS GROUNDBREAKING $4.69 BILLION VERDICT

Episode 034: Rachel Lanier │Gail Lucille Ingham, et al. v. Johnson & Johnson, et al. │$4.69 billion verdict

This week, your hosts Steve Lowry and Yvonne Godfrey interview Rachel Lanier of The Lanier Law Firm.

Case Details:

National Trial Lawyers Civil Plaintiff Top 40 Under 40 honoree Rachel Lanier discusses how she and other members of The Lanier Law Firm trial team secured the largest verdict in the United States in 2018. This landmark verdict secured justice for 22 women who developed ovarian cancer after continuous use of Johnson & Johnson’s best-selling baby powder and other talcum powder products containing cancer-causing asbestos. Rachel helped prove the multi-billion dollar, multi-national company had known about the asbestos for decades and covered it up with biased tests and skewed interpretations of test results. After a six-week trial, a St. Louis jury awarded $4.14 billion in punitive damages and $550 million in compensatory damages.

Read/Download the Complete Trial Documents

Guest Bio:

Rachel Lanier joined The Lanier Law Firm’s New York office as an associate in 2016 and practices in the areas of toxic torts, pharmaceutical litigation, mass torts, and product liability. In 2017, Ms. Lanier served on The Lanier Law Firm’s trial team in the Pinnacle hip implant litigation against DePuy Orthopaedics, Inc. which led to a $247 million dollar verdict in favor of plaintiffs. In 2018, Ms. Lanier was on the trial team in St. Louis, Missouri representing twenty-two plaintiffs in the Talcum Powder litigation against Johnson & Johnson, and was instrumental in obtaining the $4.7 billion dollar verdict for the plaintiffs. Most recently, Ms. Lanier was appointed to Plaintiffs’ Steering Committee for the 3M Combat Earplug Multi-District Litigation.

Ms. Lanier is dedicated to representing injured clients and their families by pursuing justice for those who have been harmed by toxic substances and defective products. Prior to joining The Lanier Law Firm, Ms. Lanier was an associate at a mid-sized firm in Manhattan, where she focused on representing individuals suffering from asbestos-induced diseases, such as mesothelioma and lung cancer.

Ms. Lanier was recognized as a 2018 New York Rising Star in the practice area of personal injury – products and is a member of the American Bar Association, American Association for Justice, New York Bar Association, and New Jersey Bar Association. She enjoys speaking at Continuing Legal Education seminars, and participated in a breakout panel at the annual Mass Torts Made Perfect seminar in Las Vegas, NV. In 2018, Ms. Lanier spoke on the recent Talc verdict at the HarrisMartin MDL Conference in Napa, CA, and presented at the HarrisMartin Talc and Asbestos Conference in Miami Beach, FL. She also participated on a panel at the Annual Complex Litigation Symposium in Louisiana and the 2019 National Trial Lawyers Summit in Miami Beach. Ms. Lanier has further been honored as a member of the National Trial Lawyers Civil Plaintiff Top 40 Under 40 and recently selected to serve on the 2019 Executive Committee for the National Trial Lawyers Top 40 Under 40.

Ms. Lanier is admitted to practice law in New York and New Jersey.

12 LANIER LAW FIRM ATTORNEYS EARN NATIONAL BEST LAWYERS HONORS FOR 2020

HOUSTON –Twelve attorneys from The Lanier Law Firm have been recognized in six distinct practice areas in the 2020 edition of The Best Lawyers in America. It is the largest number from the firm ever selected by editors of the prestigious legal publication.

Firm founder Mark Lanier earned honors as Lawyer of the Year in Houston for Product Liability Litigation. He is further recognized for Commercial Litigation, Mass Tort Litigation/Class Actions, and Personal Injury Litigation. Last year Mr. Lanier secured a $4.69 billion verdict on behalf of 22 women who developed ovarian cancer as a result of longtime use of asbestos-laced talcum powder made by Johnson & Johnson. He will have a lead role later this year in federal multidistrict litigation against the manufacturers and distributors of opioid medications.

The firm’s Kenneth W. Starr is recognized as Lawyer of the Year for Houston for his Appellate Practice. Mr. Starr, who has argued 36 cases before the United States Supreme Court, is engaged in a wide range of appeals at the state and federal level.  He also provides his expertise on other legal issues and causes on behalf of the firm and its clients.

Dara G. Hegar, the firm’s managing attorney, is honored for the fourth year for her work on behalf of victims of serious personal injuries and dangerous products. In addition to her work on hip implant cases, she was a key contributor to the firm’s recent talc-related claims against Johnson & Johnson.

Evan M. Janush, managing attorney of the firm’s New York office, is recognized for his work in mass torts and class actions. He has significant experience representing clients in complex commercial litigation and is the leader of the firm’s Employment Litigation practice.

Harvey Brown is selected in the areas of Appellate Law and Commercial Litigation. Judge Brown joined the firm in 2019 following distinguished service as a District Judge in Harris County and as a Justice on the First Court of Appeals for the State of Texas. Before his judicial service he was in private practice for more than 20 years, handling both trials and appeals.

The firm’s in-house trial psychologist Dr. Robert Leone, who is also a lawyer, claimed his fourth consecutive appearance in Best Lawyers for his work in cases involving dangerous products.

Richard D. Meadow is recognized for the seventh consecutive year for his work for plaintiffs in class actions and mass torts, as well as personal injury claims. The firm’s National Mass Torts Leader and Director of Business Development, Mr. Meadow is widely recognized as one of the nation’s top lawyers in mass torts and class actions.

Kevin P. Parker, head of the firm’s Issues and Appeals Section, is recognized by Best Lawyers for his appellate work. The Houston-based attorney has handled more than 20 cases at the appeals level and has been a key contributor in numerous civil trials for the firm and its clients.

Judson A. Waltman, managing attorney in Houston over Personal Injury, Product Liability and Maritime Litigation, is honored in the personal injury litigation area based on his successful representation of plaintiffs who are victims of unsafe products, medical malpractice and corporate negligence.

Lawrence P. Wilson is recognized for his product liability litigation. The Houston-based Mr. Wilson has secured significant compensation for clients in numerous jury trials involving unsafe products as well as medical malpractice, sexual assault, age discrimination, premises liability and other negligence claims.

Two firm attorneys are recognized on the Best Lawyers list for the first time.

Michael A. Akselrud in the Los Angeles office is honored in both Personal Injury and Product Liability Litigation and is an integral part of the firm’s talc litigation team.

Jason S. Goldstein of the firm’s New York office is active in the ongoing opioid litigation and was previously recognized as a Rising Star on the list of New York Metro Super Lawyers.

Best Lawyers profiles of the honored Lanier Law Firm attorneys can be found at https://www.bestlawyers.com.

The Lanier Law Firm has offices in Houston, New York, Los Angeles and Oklahoma City. For close to 30 years, the firm has worked tirelessly to find unique solutions to its clients’ unique needs. The firm is composed of more than 60 skilled attorneys, practicing in a broad array of areas, including business fraud, asbestos exposure, entertainment law, and others. Visit http://www.lanierlawfirm.com.

ATTORNEY SPOTLIGHT – MELISSA H. NAFASH

Each month, we like to feature one of our attorneys to help you get to know our team better. We recently sat down with attorney Melissa H. Nafash to talk about her background in the legal field and what she is currently working on.

What led you to a legal career?

At a young age, I decided to be a lawyer when I grew up. It was between that and becoming a doctor (I dreamt big!), and I didn’t have an appetite for blood or needles (still don’t). Interestingly, I now practice in a space where law and medicine are combined, and I thoroughly enjoy the medicinal nature of my cases as much as I like litigating them. Beyond my childhood dream of becoming a lawyer, two core characteristics that led me to a legal career are my love for helping people — especially those in need — and being a rule follower. There are few things I find more rewarding than a satisfied client, many of whom stay in contact years after their case is resolved. I also take great pleasure in holding medical device and drug manufacturers responsible for not following the rules.

What has been your most interesting or memorable case, and why?

I consider Thorpe v. Davol, Inc. and C.R. Bard, Inc. to be the foundation of my legal career. It was a Composix Kugel Hernia Mesh case that was tried in Rhode Island’s Federal District Court in 2010. I was in my second year of practicing law at that time and a member of the trial team. I had been working on the Composix Kugel Hernia Mesh litigation for a couple of years at that point, having also been a member of the trial team for the first Composix Kugel Hernia Mesh case in Rhode Island’s Federal Court. In both cases, I learned so much on a daily basis, worked under brilliant legal minds, became truly inspired by the area of law in which I found myself and didn’t sleep at all! In the Thorpe case, however, unbeknownst to even me at the onset, I had completely invested myself in the clients. By the time we got to trial, I knew the documents and testimony perfectly, but I also knew everything about the family and their struggle through the injuries sustained by the hernia mesh. I empathized deeply with their suffering. I laughed with them, and I cried for them. I felt every moment of that trial with both my heart and my mind. To this day, strategies I employ in my cases are informed by what I learned during those years at trial, and I still remain in contact with the Thorpe family. In fact, I’m a proud recipient of the photo from their eldest daughter’s recent wedding.     

The Thorpe trial was a win all around. The jury found for the Thorpes and awarded them $1.5 million, other plaintiffs nationwide got satisfaction in a victory over a company that caused their injuries, a tired trial team felt triumphant, and I, in my second year of practicing in a profession filled with hundreds of different practices, had found where I belong.

What litigation are you currently working on?

I am right back where I started! I am currently focused on several litigations against hernia mesh manufacturers, including Davol, Inc. and C.R. Bard Inc., Ethicon, Inc. and Johnson & Johnson, and Atrium Medical Corp. With respect to the Davol, Inc. and C.R. Bard, Inc. litigation, I am part of the leadership team developing the liability story and preparing the cases for trial — the never-ending mountain of work that I so enjoy immersing myself in!

What are one or two things about you that most people don’t know?

This is a difficult question, because I’m an open book and very talkative! However, I am currently looking for places to take horseback riding lessons and piano lessons (a pastime I miss). I’d rather spend hours listening to an 80-year-old reminisce about life and life’s lessons than almost anything else. The only thing I enjoy more is every second I spend with my child. While I’m ambitious and will always strive for the next level of success, my greatest accomplishment will always be my amazing and brilliant son, Brayden.

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