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Thursday, April 8, 2021
Communications with a party represented by another lawyer absent consent (sometimes called “blitzes”) are permitted in putative class actions, a federal court has ruled in a case brought under the Class Action Fairness Act and Pennsylvania law.
The court’s decision affords defense counsel the opportunity to interview and obtain signed declarations from putative class members. The court clarifies the federal approach while firmly distinguishing the view of Pennsylvania state law.
Background
Holly Lloyd brought a putative class action against Covanta Plymouth Renewable Energy, a waste-to-energy processing facility. Lloyd alleged the Covanta-operated facility emitted noxious odors that interfere with the use and enjoyment of her property and that of other area residents.
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Communications with a party represented by another lawyer absent consent (sometimes called “blitzes”) are permitted in putative class actions, a federal court has ruled in a case brought under the Class Action Fairness Act and Pennsylvania law.
The court’s decision affords defense counsel the opportunity to interview and obtain signed declarations from putative class members. The court clarifies the federal approach while firmly distinguishing the view of Pennsylvania state law.
Background
Holly Lloyd brought a putative class action against Covanta Plymouth Renewable Energy, a waste-to-energy processing facility. Lloyd alleged the Covanta-operated facility emitted noxious odors that interfere with the use and enjoyment of her property and that of other area residents.
Zappala
PITTSBURGH – Through an alliance of District Attorney Stephen Zappala and private lawyers, Allegheny County has filed suit against 10 different drug manufacturers, for damages connected to both the companies’ alleged false marketing of opioid drugs and the county’s combating the use and abuse of opioids.
Allegheny County filed suit in the Allegheny County Court of Common Pleas on Feb. 3 versus Allergan, Cephalon, Inc., Teva Pharmaceuticals, Endo, Janssen Pharmaceuticals, Johnson & Johnson, AmerisourceBergen Drug Corp., Cardinal Health and McKesson Corp.
“Fueled by dangerous prescription opioid drugs, Allegheny County, like many other cities, counties and states across the country, is now engulfed in an opioid epidemic, which has led to a public health and safety crisis of an unprecedented and disastrous nature,” the suit says.