A federal judge in Miami has given final approval to a $410 million class action settlement with Bank of America over its overdraft fee practices, including attorney fees totaling $123 million. The 30 percent contingency fee, which includes expenses, was granted to more than 30 law firms.
Merck has become the latest health care company to strike a major settlement with the Justice Department, agreeing Tuesday to a $321.6 million criminal fine and a $628.3 million civil settlement to resolve claims over its marketing of the painkiller Vioxx.
A trademark plaintiff’s delivery of a broad covenant not to sue divests a district court of jurisdiction over counterclaims by the alleged infringer, the 2nd Circuit has ruled, addressing a question of first impression in the circuit. The decision came in a suit by Nike over its Air Force 1 shoe brand.
About 3,500 lawsuits have already been filed against DePuy Orthopaedics and its parent company, Johnson & Johnson, over its ASR hip implants, which the company recalled in 2010. About 93,000 patients worldwide have had the devices implanted — one reason why plaintiffs attorneys predict the litigation will be huge.
A Los Angeles judge has tentatively scheduled the nation’s first trial against Toyota over its sudden acceleration defects for April 2012. Meanwhile, a federal judge has tossed out the leading bellwether case in a related multidistrict litigation proceeding.