A Look Back at 2011

With the New Year already well under way, we would be remiss to not take a moment to reflect on the 2011 highlights at Wexler Wallace.

Our case load overflowed in 2011 with continued work on several cases as well as making time to file some important new ones.  In February, Wexler Wallace field a class action against Facebook for violating minors’ privacy.  The complaint alleges that Facebook used minors’ names and likenesses without their consent in its endorsement-advertisements to generate revenue.  Later in the year, Wexler Wallace, along with co-counsel, filed a case against Wyeth, the maker of Effexor XR, claiming that Wyeth entered into an anticompetitive settlement with generic manufacturer Teva resulting in a two-year delay of the generic equivalent drug. Wexler Wallace was appointed interim class counsel in the case on Dec. 14. Wexler Wallace also filed cases against CertainTeed Corporation and Wal-Mart.

In April, Ken Wexler, with co-counsel, engaged in an evidentiary hearing and argued a motion for class certification in the Wellbutrin XL Antitrust Litigation. In October, the class was certified by Judge Mary McLaughlin of the Eastern District of Pennsylvania . Currently, the parties are briefing summary judgment.

Last year, Wexler Wallace also saw two cases it has litigated for more than 15 years combined heading toward a close. In April, Judge Noel Hilman issued a final approval order on the $24M settlement of the In Re Pet Food Products Liability Litigation, a case which arose from the largest pet food recall in history.  In December, Judge Patti B. Saris granted final approval of the Track 2 settlement in the AWP litigation, which is approaching its eleventh year. Settlements in that case now exceed $235 million, with several class members receiving settlement checks well in excess of a million dollars.

Wexler Wallace also is happy to report that 2011 brought a successful end to its clients’ Kugel Mesh hernia patch cases. After several years of hard fought litigation, including taking two bellwether cases to jury, Wexler Wallace was able to obtain favorable settlements for hundreds of individuals.

On a personal level, the firm’s associates and staff also had noteworthy accomplishments in 2011. Two Wexler Wallace associates, Mark M. Miller and Amber M. Nesbitt, were named Rising Stars by Super Lawyers magazine. They will be included in the Illinois Super Lawyers 2012 edition. Legal Nurse Debbie Pritts was also named the chair of the 2012 Legal Nurse Consulting Education and Networking Forum. It will be held March 31 in San Antonio, Texas.

We welcomed new staff into the firm while also saying good bye to partner Mark J. Tamblyn. Beginning this year, Mark will be serving as a Deputy Attorney General within the State of California’s Department of Justice. We wish him great success in this new venture.

The firm is already busy digging into its 2012 case load and looks forward to another year of progress and growth. For the latest updates on the firm, please check out the newsroom section of our Website.

Photo Credit: Erik Drost