Media

Court Denies Social Media Companies’ Appeal in Youth Addiction Case

We are happy to share that a group of appellate judges in California has rejected an appeal from social media companies trying to avoid trials over youth social media addiction claims. On December 6, the Second Appellate District reviewed the briefs from both sides and denied the petition from Facebook, Instagram, Snapchat, TikTok, and YouTube.

Joseph VanZandt

Wrongful Death Lawsuit Filed After Deadly Dollar Store Shooting

On the evening of February 2, 2024, Lem Johnny Johnson IV, a 20-year-old, was tragically shot at the Family Dollar on Riverdale Road. Johnson was dropped off at the store by his mother, Sheila Brooks. Moments after entering, gunfire erupted, and Johnson was found on the store’s floor with multiple gunshot wounds.  

Ben Keen

Judge Greenlights School Districts’ Claims Against Social Media Giants

$2.8 Billion Settlement Reached in Blue Cross Blue Shield Antitrust Case

Monumental. The largest antitrust settlement in U.S. Healthcare History, $2.8 billion, was announced on October 14, 2024, by the Provider side settlement team in the Blue Cross Blue Shield MDL, a long-running antitrust lawsuit representing healthcare providers nationwide. This landmark settlement was negotiated over several years by a dedicated committee, including Beasley Allen’s Dee Miles.

The settlement involves all Blue Cross and Blue Shield entities across the country and includes a $2.8 billion cash payment into a settlement fund, as well as investments by the Blues of hundreds of millions of dollars in system improvements for the benefit of providers.

What Will The Settlement Achieve?

The settlement aims to resolve claims that the Blues violated antitrust laws by dividing markets and fixing prices.

It also introduces important changes to the BlueCard Program, which will:

• Improve how claims are processed
• Enhance payment methods to providers
• Reduce administrative burdens and inefficiencies

Benefits For Healthcare Providers

The settlement provides healthcare providers with:

• More opportunities to contract with the Blues
• Reduced administrative burdens
• Increased efficiency in claims processing and payments

The Blue Cross and Blue Shield plans, along with the Blue Cross Blue Shield Association, will be held accountable by an appointed Monitoring Committee for five years after the settlement’s effective date, following the Court’s final approval. The Provider Plaintiffs formed a work group comprising various types of providers, such as representatives from large healthcare systems, teaching hospitals, rural hospitals, physicians, ancillary providers, and medical and hospital associations which gave meaningful guidance throughout the process.

Key Contributors & Next Steps

Beasley Allen’s Dee Miles, along with Rebecca Gilliland and Jessi Haynes, played key roles in the discovery phase, uncovering critical documents and testimony that led to this landmark settlement.

The Court is expected to review the Motion for Preliminary Approval in November. A formal notice will be sent to all class members at a later date determined by the Court.

Missile-Like Metal: Delta’s Deadly Tire Explosion

Beasley Allen’s LaBarron Boone and co-counsel Duane King are investigating a deadly explosion that occurred at the Atlanta airport.

The incident claimed the life of Mirko Marweg, a dedicated Delta Tech who had worked in Delta’s TechOps paint shop for nearly 20 years. Known as “Mr. Fix-It” by his family, Marweg was an Air Force veteran and a skilled handyman.

The explosion, which occurred during routine maintenance work at Delta Airlines, has raised serious safety concerns.

A Day That Changed Everything

On the day of the incident, Marweg was not scheduled to work but took an extra shift. While performing routine maintenance on an airplane tire, which was being prepared for transport and not mounted on the aircraft, the tire exploded. The explosion sent a metal piece flying with such force that it nearly decapitated Marweg and severed his arm, leaving him unrecognizable. His identity was confirmed only through his tattoos and a signature Mississippi State lanyard.

A Call for Better Safety Standards

This incident sheds light on the dangers associated with working around commercial aircraft equipment, including tires and engines. It also highlights the urgent need for improved safety standards to prevent such tragedies in the future. Current safety measures might not be enough to protect workers from the severe, and sometimes fatal, consequences of equipment failures.

Commitment to Justice

Our firm is honored to represent Mr. Marweg’s family in their quest for justice. We are dedicated to uncovering the factors that led to this senseless tragedy and holding those responsible accountable. Our ultimate goal is to achieve justice for his family and to ensure that such an incident never happens again.

By addressing these safety concerns and advocating for stronger regulations, we can honor the memory of Mirko Marweg and work towards a safer future for all aviation maintenance workers.

LaBarron Boone

History of Hazards: Lawsuit Filed Against BioLab

Beasley Allen filed a lawsuit against BioLab following a chemical fire at their Conyers, GA, facility on September 29, 2024. The fire has exposed thousands of residents to hazardous chemicals, leading to widespread health concerns and disruptions.

This incident marks the third major chemical-related event at BioLab in the past seven years, raising serious questions about the company’s safety practices. Previous incidents also involved the release of hazardous chemicals.

Evacuations and Health Concerns

The fire prompted the evacuation of approximately 17,000 residents and led to the closure of several major roads, including I-20. Due to the ongoing concerns about the smoke, a countywide shelter-in-place order was issued. The smoke, resulting from a chemical reaction, continues to pose health risks, and the full extent of exposure is still under investigation.

On September 30, air quality monitors in and around the Atlanta city area found that there was a moderate to high amount of tiny pollution particles in the air. These tiny particles can penetrate the lungs, making conditions like asthma worse. They can also enter the bloodstream, increasing the risk of heart attacks and strokes. Many residents have already reported respiratory issues and burning eyes since the incident.

What’s Next?

Our goal is to secure compensation for those affected. The lawsuit aims to compensate those harmed. This isn’t the first time BioLab has been careless and caused harm to the community. It is unacceptable that residents continue to suffer due to the company’s repeated failures.

The lawsuit was filed in federal court in the Northern District of Georgia, Atlanta Division. As the investigation continues, it’s important for people who are affected to keep up with the latest information and take steps to safeguard their health.

Mazda-Denso Fuel Pump Settlement Gets Preliminary Approval

Beasley Allen’s fuel pump fight continues. Another win in federal court- Mazda and parts supplier Denso have reached a major settlement over faulty fuel pumps in certain Mazda vehicles. This settlement, valued at no less than $172 million, could benefit up to 1 million people who own or lease these cars.

The Defect

From 2017 to 2020, over 603,000 Mazda vehicles, including some Mazda3 and Mazda CX-3 models, were equipped with Denso fuel pumps that could deform and fail. This defect increases the risk of a crash. In November 2021, Mazda recalled over 120,000 vehicles due to this issue. Denso had already recalled 3.6 million fuel pumps for the same problem, affecting many car brands.

Settlement Details

Under the settlement, Mazda will:

• Offer a Customer Support Program: This program provides 15 years of coverage for repairing and replacing Denso fuel pumps in over 482,000 Mazda vehicles that were not initially recalled.
• Extend Warranties: Vehicles that were recalled will get an extended warranty of 15 years or 150,000 miles, whichever comes first.
• Provide Free Services: Mazda will offer free loaner vehicles and towing services if needed during repairs.
• Reimburse Expenses: Mazda will cover costs for previous repairs, rental vehicles, and towing related to the faulty fuel pumps.

What’s Next?

A final approval hearing for this settlement is scheduled for January 17, 2025, before Judge Josephine Staton in the Central District of California.

We have a proven history of success in handling similar lawsuits. Recently, we secured a $289 million settlement with Toyota and Denso and have another settlement with Subaru and Denso awaiting final approval. Our team, Dee Miles, Demet Basar, Clay Barnett, Mitch Williams, Dylan Martin and Trent Mann are also working on a class case against Honda and Denso.

Stay tuned for more updates as we continue to navigate these cases and fight to hold these car manufacturers responsible.

$160 Million Verdict Shines Spotlight on Heavy Truck Safety

When the unimaginable unfolds: Our attorneys secured a $160 million verdict after a defective design changed our client’s life forever.

What started as an ordinary workday for Leonard Wiley Street turned catastrophic when his heavy truck was forced off the road after an impact caused by a pick-up truck.

Street was operating a 2023 Western Star truck carrying wood products when the collision forced him off the road. This resulted in a rollover that fractured his neck due to the significant roof crush and the lack of an automatic pull-down safety seat in the cab, ultimately leaving him an incomplete quadriplegic.

The Verdict

After a two-week trial in the Circuit Court for Clarke County, Alabama, Ben Baker, Kendall Dunson, and Wyatt Montgomery, secured a $160 million verdict for Leonard Wiley Street, along with Co- Counsel Matt Drinkard and Eddie Massey.

Ben Baker stressed the importance of teamwork and how big of a part it played in presenting this case to the jury.

This outcome not only provides justice for the Street family but also serves as a stark reminder of the importance of heavy truck safety.

DTNA’s Defective Design

The 2023 Western Star truck had a defective roof designed in 1995 that remained unchanged for nearly 30 years and a defective driver’s suspension seat. Daimler Trucks North America (DTNA) and Western Star Trucks were found to have defectively designed and manufactured the truck.

These defects caused Street’s injuries. DTNA had an automatic pull-down seat for rollover safety but refused to make it a standard feature.

Rollovers represent the single most harmful event for truck drivers, and DTNA failed to increase cab strength for nearly 30 years despite having this knowledge.

This should have never happened, but we hope this verdict will send a message to all heavy truck manufacturers that driver safety should always come first.

$162 Million Rollover Settlement – The Largest in Georgia for a Single Automobile Accident

Triumph in Tragedy: Our Atlanta Office secured a landmark settlement on behalf of five women who lost their lives in a fiery 15-passenger van crash.

The Shadow Behind the Leaf: Combatting Kratom

Ryan J. Duplechin

W. Roger Smith, III