G&E was appointed as lead counsel in the federal securities class action litigation against Peloton Interactive Inc. Investors claim that Peloton repeatedly made misleading statements reassuring investors that demand for its internet connected bicycles and treadmills remained steady even after COVID-19 pandemic restrictions were lifted and vaccines were introduced to the public—when in reality Pelton knew that demand for its connected fitness products was declining significantly.
As part of The National Law Journal's 2022 Elite Trial Lawyers awards, G&E’s Christine Mackintosh was selected to the list of Elite Women of the Plaintiffs Bar. The 15 honorees were selected from a nomination process, commending women lawyers who have consistently excelled in high-stakes matters on behalf of plaintiffs over the course of their careers.
San Diego City Attorney Mara W. Elliott, filed suit on behalf of the City and the People of California, seeking cleanup costs and other remedies related to per- and polyfluoroalkyl substances (PFAS) detected in San Diego drinking water supplies, stormwater, wastewater and other natural resources. Defendants include more than 20 chemical companies who knowingly sold products containing these toxic “forever chemicals,” polluting the environment and endangering public health for decades.
Six of G&E’s principals have been selected to the Lawdragon 500 Leading Plaintiff Consumers Lawyers Guide for 2022. The list was compiled through submissions, journalistic research and editorial vetting. Firm principals named to the list include mass tort litigators Sindhu Daniel, Adam Gomez and Elizabeth Graham; civil rights advocates Kimberly Evans and Barbara Hart; and birth injury attorney Lisa Weinstein.
Filed in 2018, the State of Ohio asserted claims against Monsanto Co. and affiliates relating to statewide contamination of natural resources with toxic polychlorinated biphenyls (PCBs). The $80 million settlement, pending judicial approval, will be used to help prevent future threats to the environment. G&E served as outside counsel to the State.
A report released by ISS Securities Class Action Services ranks the top 50 plaintiffs’ firms in terms of settlement value for securities class actions resolved in 2021. G&E is included as a Top 10 plaintiffs’ firm within the annual list, which highlights cases where law firms served as lead or co-lead counsel in North American securities class action settlements.
Read the Report and learn more about ISS’ ranking methodology
Filed in 2020 by the New Hampshire Office of the Attorney General, the lawsuit asserted claims relating to natural resource impairments in New Hampshire caused by polychlorinated biphenyls (PCBs) produced, marketed, distributed, and sold by Monsanto Co. The $25 million settlement resolves these claims as to Monsanto Co. and its affiliates, Solutia Inc. and Pharmacia LLC and related entities. G&E, along with co-counsel, served as outside counsel to the State.
G&E is ranked among the leading law firms in two categories in the Antitrust Annual Report for 2020. The Firm was recognized in the Top 25 Lead Counsel in Complaints Filed list as well the Top 50 Cases with Settlements Reaching Final Approval 2009-2020 list.
The Report, produced annually by The Huntington National Bank and the University of San Francisco Law School, includes class action antitrust filings in federal court, analyzing data from 2009-2020.
PROVIDENCE, R.I. (August 9, 2021) – Four women who are current or recent students at Brown University have filed a federal class action complaint against the Ivy League school alleging it has systematically and repeatedly failed to protect women from harm, including rape, “despite knowledge that sexual assault on its campus is endemic.” ... The case was filed on August 6 in the U.S. District Court for the District of Rhode Island. If granted, the prospective class would include all women – estimated at upwards of 4,000 – who attended Brown starting in 2018 and were survivors of sexual violence and were then further traumatized by the “complete neglect and dysfunction” of the university’s sexual misconduct response program.
The State of Delaware, represented by G&E and the Delaware Department of Justice, has reached a historic pre-suit settlement with E. I. du Pont de Nemours and Company, The Chemours Company, DuPont de Nemours, Inc., and Corteva, Inc. (together, “DuPont”) following an extensive investigation concerning the contamination of Delaware natural resources with toxic per- and polyfluoroalkyl substances (PFAS). Under the settlement, DuPont has agreed to pay the State $50 million to fund environmental restoration, community environmental justice and equity grants, and other initiatives to protect and improve the State’s natural resources. The settlement also provides for potential, additional payments to the State of up to $25 million should other states secure settlements with DuPont in excess of $50 million. Delaware Attorney General Kathy Jennings described the settlement as “the most significant environmental settlement that the State of Delaware has ever secured,” noting that “it is being delivered on a timeline that matches the urgency of this moment.”
Following a hearing led by G&E, a preliminary injunction was granted prohibiting industrial sterilization company Sterigenics from the uncontrolled emission of ethylene oxide at its Santa Teresa, New Mexico facility. The ruling was over the objection of numerous local and national groups, such as the U.S. Chamber of Commerce and the National Association of Manufacturers. G&E is co-counsel in this litigation with the New Mexico Attorney General’s Office.
In a slew of lawsuits filed by San Diego City Attorney Mara W. Elliott, the City alleges that health insurers misled consumers with directories containing incorrect provider information. Consumers rely on provider directories when enrolling in health insurance plans and to find in-network doctors that accept their insurance. Inaccurate directories harm the public health by imposing barriers to health care access, and they distort health insurance markets with false advertising of the breadth of the provider networks offered and by driving out high needs patients who become frustrated and switch plans. The complaints allege unlawful business practices and false advertising by health insurers Molina, Kaiser, and HealthNet.
SAN FRANCISCO, CA (June 21, 2021) – Leading plaintiffs law firm Grant & Eisenhofer has filed suit in California state court against Monsanto Co., maker of the herbicide Roundup, on behalf of Sacramento-area resident Michael Langford, who asserts his non-Hodgkin’s lymphoma and other cancers were caused by decades-long exposure to Roundup’s chemical ingredients, notably glyphosate.
G&E represents the Lead Plaintiff and serves as Lead Counsel for the class in the consolidated cases, Williams et al. v. Block.One, Blumer and Larimer, Civ No. 1:20-cv-2809, and Crypto Assets Opportunity Fund, et al. v. Block.One, Blumer, Larimer, Grigg and Pierce, Civ. No. 1:20-cv-3829 before Judge Kaplan in the Southern District of New York. The Parties have reached an agreement to settle the action for a payment by block.one of $27.5 million cash for the benefit of the class. The settlement must be approved by the Court.
Firm principal Kimberly Evans leads civil rights cases all over the country, representing individuals whose rights have been violated. In an interview with Delaware Law Weekly, Ms. Evans shares how her caseload has increased since the start of COVID-19, and how the pandemic has impacted the way she litigates her cases. Adapting to a virtual world has its challenges in the legal field, which Ms. Evans has deftly overcome in the last year.
G&E principal and head of the Firm's mass tort practice group, Beth Graham has been selected by Law360 as a “Titan of the Plaintiffs Bar” for 2021. This year’s list from Law360 includes only 11 lawyers, each of whom obtained significant achievements on behalf of their clients over the past year.
NEW YORK (January 6, 2021) – Leading plaintiffs’ law firm Grant & Eisenhofer announced the arrival of Barbara Hart, a nationally recognized litigator with a distinguished track record of recoveries for investors in securities class actions as well as antitrust and whistleblower cases ... Ms. Hart is the second major addition to G&E in recent months, following the arrival late last fall of noted mass tort litigator Sindhu Daniel to the firm’s Wilmington, Delaware, office.
Launched in 2017, G&E’s environmental group represents numerous state, county and municipal government agencies and other public entities in large-scale litigations against corporate polluters that have damaged critical natural resources.
The National Trial Lawyers has selected G&E principal Kimberly Evans for inclusion to the Top 10 Civil Rights Trial Lawyers Association as well as the Top 10 Women’s Rights Trial Lawyers Association. The honor of membership is bestowed upon only a select group of attorneys in each state who have exhibited superior leadership skills and achieved outstanding results as a trial lawyer. Ms. Evans represents victims of discrimination, sexual assault, wrongful incarceration, and other forms of harassment to bring justice to survivors of these types of civil rights violations.
Lawdragon’s Katrina Dewey delves into G&E Managing Director Jay Eisenhofer’s storied career, the Firm’s successful history, and G&E’s continued growth in representing plaintiffs.
Read the Lawdragon Profile
Resolving a years-long multidistrict lawsuit, G&E, serving as co-chair of the litigation committee, worked with co-counsel to reach a $2.67 billion class settlement with Blue Cross Blue Shield insurers. Plaintiffs, a class of more than 40 groups of insurance subscribers, accuse BCBS entities of engaging in an illegal conspiracy to thwart competition for health insurance customers, thereby establishing and maintaining monopoly power throughout the regions in which they operate. The settlement is one of the largest monetary recoveries reached in an antitrust class action, and also incorporates sweeping anti-competitive practice reforms.
Read the Law360 Article
On behalf of investors and investment managers dedicated to ESG principles, the Grant & Eisenhofer ESG Institute submitted an amicus brief to the United States Supreme Court on Wednesday, October 21, 2020, for consideration in the pending Nestlé USA, Inc. v. Doe I case. Respondents, former child slaves, allege that Nestlé USA is liable under the Alien Tort Statute (ATS) for incorporating and facilitating child slave labor operations on cocoa farms in West African countries in its cocoa supply chain. Writing in support of Respondents, the G&E ESG Institute argues that ESG investors have a particular interest in ensuring that the ATS be available as a legal mechanism for holding corporations accountable for their ESG transgressions.
The ESG Institute further asserts that permitting corporate liability under the ATS would incentivize U.S. companies to adopt and enforce humane and ethical business operations, such as closely monitoring their supply chains, in an effort to eradicate forced and child labor. The ESG Institute believes that doing so will ultimately advance the goals of ESG investing, which continues to grow at an unprecedented rate. The date set for the case to be argued before the Supreme Court was December 1, 2020.
NEW YORK (Oct. 5, 2020) – In an important human rights order issued Sept. 30, U.S. Customs and Border Protection banned all palm oil and palm oil products manufactured by Malaysia’s biggest palm oil producer, FGV Holdings Berhad.
The CBP’s order comes after the Grant & Eisenhofer ESG Institute, a policy group focused on environmental, social and governance issues for institutional investors, petitioned the agency last summer to ban U.S. importation of FGV’s palm oil and palm oil products. The petition alleged widespread evidence of forced labor and illegal child labor practices on the company’s palm oil plantations in Malaysia.
On behalf of residents living in communities north of Chicago, G&E filed a complaint against Medline Industries, Inc, Steris Corporation, and other medical sterilization companies seeking damages related to defendants’ dangerous emission of Ethylene Oxide. The toxic gas is known to cause cancer, yet was knowingly emitted into the atmosphere for decades by defendants, the complaint alleges. The suit seeks to hold these companies responsible for their reckless behavior by paying affected individuals for costs associated with monitoring for the development of certain types of cancer, blood disorders, and other organ damage.
PHILADELPHIA (August 25, 2020) – Continuing its support of small businesses that have been unjustly denied insurance coverage for losses suffered due to shutdowns in response to the COVID-19 pandemic, G&E has filed a pair of class actions against 11 insurance companies.
The suits were brought on behalf of a fitness center in Tennessee and a group of Philadelphia cafés and wine and beer bars, respectively. They were filed in U.S. District Court for the Eastern District of Pennsylvania, in Philadelphia.
G&E represented the District of Columbia in a lawsuit against chemical manufacturer Monsanto concerning its production, marketing, distribution, and sale of polychlorinated biphenyls (PCBs). The toxic chemical, sold by Monsanto for almost 50 years, caused widespread contamination of the District’s natural resources, including major waterways such as the Potomac and Anacostia Rivers. The $52 million settlement holds Monsanto responsible for environmental damage as well as health risks to the District’s residents, and will help fund the clean-up of the contaminated waterways.
Read the Attorney General for the District of Columbia’s Press Release.
After the Delaware Court of Chancery dismissed G&E’s shareholder lawsuit last June alleging breach of fiduciary duty in the $18 billion Towers Watson merger, G&E recently secured a reversal in the Delaware Supreme Court. The case asserts a post-closing damages claim on behalf of a class of stockholders of insurance brokerage Willis Group when it merged with Towers Watson & Co. to form Willis Towers Watson Public Limited Company. The reversal sends the case back to the Chancery Court for reconsideration.
Read the Law360 article here.
The Mayor & City Council of Baltimore and Baltimore County, Maryland, are serving as proposed class representatives in a nationwide class action settlement with Monsanto Co. relating to contamination of public water systems with toxic polychlorinated biphenyls (PCBs). If approved, the settlement would establish a fund benefiting cities, counties, townships, and other municipalities across the country dealing with PCB contamination in stormwater systems and other public resources. G&E is serving as co-counsel to the Baltimore City Law Department and Baltimore County Office of Law, along with Maryland-based Gordon Wolf & Carney Chtd. and proposed lead class counsel Baron & Budd P.C.
The Mayor & City Council of Baltimore has initiated litigation against e-cigarette company JUUL Labs, Inc. Baltimore alleges that JUUL’s products and deceptive, youth-oriented marketing campaigns have injured the City and its residents in several ways, including by endangering the health of City residents, increasing funding requirements for City agencies and City public schools, and increasing costs relating to youth tobacco enforcement and compliance. Baltimore asserts public nuisance, design defect, failure to warn, negligence, and Maryland Consumer Protection Act claims.
G&E and Maryland-based Gordon Wolf & Carney Chtd. will serve as co-counsel with the Baltimore City Law Department in prosecuting this action. The case has been filed in Los Angeles Superior Court.
CHICAGO/BIRMINGHAM, AL (June 24, 2020) – Grant & Eisenhofer has filed suit today against Deerfield, Ill.-based Markel Insurance Co. for failing to accept claims from franchisees of national fitness chain Anytime Fitness that were shuttered and lost business due to state-imposed COVID-19 restrictions.
The four Anytime Fitness outlets named in the complaint are operated by Fountain Enterprises, of West Point, Miss., and located in Mississippi and Alabama. They represent a tiny fraction of the 4,500 Anytime Fitness gyms nationwide, all of which are insured by Markel.