Mountain Top Media
Federal judge allows 3M RICO lawsuit against attorneys to proceed
LONDON, Ky. — A federal judge has allowed 3M’s civil RICO lawsuit against three attorneys involved in Kentucky coal-dust mask litigation to move forward, but said he has “many questions” about whether the case will ultimately hold up on the facts.
U.S. District Judge Robert E. Wier ruled Wednesday that 3M’s allegations against attorneys Glenn M. Hammond, Michael B. Martin and Johnny Givens were sufficient to survive the defendants’ motions to dismiss.
At the same time, Wier made clear that his ruling does not mean 3M has proven its allegations.
“As seems to be true with all aspects of 3M mask litigation, this case presents a challenging lift,” Wier wrote. “The Court has many questions about the ultimate factual viability of the case but will not, at this stage and on this record, dismiss it.”
The lawsuit stems from 22 product-liability lawsuits filed against 3M involving more than 850 coal miners, estates and family members. 3M alleges the attorneys participated in a scheme to knowingly pursue fraudulent claims involving the company’s respirators, or dust masks.
According to the allegations summarized in the court’s opinion, some claims involved people who did not use respirators, did not use 3M respirators, did not suffer from black lung disease or had claims that were barred by the statute of limitations.
3M also alleges false statements were made during client intake, discovery, interrogatories and depositions.
The company alleges the purported scheme was designed to increase the number of cases filed against 3M, drive up its defense costs and litigation exposure, and increase pressure to settle.
The defendants argued the RICO claims should be dismissed, including arguments that litigation-related conduct could not serve as the basis for a RICO claim.
Wier rejected that argument at the dismissal stage. He said the amended complaint provided detailed examples of alleged misconduct across the 22 underlying lawsuits and concluded that 3M had adequately pleaded the elements of its RICO claims.
“The Amended Complaint passes muster,” Wier wrote.
The judge also addressed 3M’s argument that some of the underlying lawsuits were so lacking in merit that they could qualify as “sham” litigation.
Wier said 3M plausibly alleged that some claims were objectively baseless. In particular, he wrote that a product-liability claim against 3M by someone who did not use a respirator, or specifically did not use a 3M respirator, would be objectively baseless. He reached a similar conclusion regarding a claim by someone with no cognizable injury.
Wier also found that 3M plausibly alleged objective baselessness involving claims that were allegedly barred by Kentucky’s one-year statute of limitations, while noting that statute-of-limitations questions can involve exceptions such as tolling or waiver.
However, the judge dismissed two of 3M’s Kentucky state-law claims.
The state fraud claim was dismissed because the company based it on statements contained in the underlying lawsuits, which Wier found were protected by Kentucky’s judicial-statements privilege. A related civil conspiracy claim also was dismissed because it depended on the fraud claim.
The RICO claims remain pending.
The ruling is a decision on the legal sufficiency of 3M’s complaint, not a finding that Hammond, Martin or Givens committed fraud or violated RICO. The factual allegations will be subject to further litigation and discovery.
The post Federal judge allows 3M RICO lawsuit against attorneys to proceed appeared first on Mountain Top Media.
Hollywood special effects artist Lynette Eklund to discuss memoir in Pikeville
PIKEVILLE, Ky. — Hollywood special effects artist and monster-maker Lynette Eklund will discuss her career and new memoir during an Oct. 7 event at Kaleidoscope Books & Sundries in Pikeville.
Eklund will discuss her memoir, “Weird: A Monster-maker’s Journey From Small Town to Hollywood With OCD,” during a talk, question-and-answer session and book signing beginning at 6 p.m.
Eklund’s career in the special effects and monster-making industry spans more than 30 years and includes more than 50 credits. Her work has ranged from stop-motion miniatures to full-scale dinosaurs and has contributed to films including “A Nightmare on Elm Street 5: The Dream Child,” “Beetlejuice,” “The Lost World: Jurassic Park,” “The Stand” and “Species.”
Eklund also is credited with creating the animatronic bear Teddy Ruxpin. Her current work includes “The Mandalorian & Grogu.” She has received multiple Emmy Awards for her work.
In her memoir, Eklund chronicles her career in Hollywood as well as her experience living with severe obsessive-compulsive disorder. The book explores her later-in-life diagnosis and how she believes her neurodivergence has influenced her creativity.
“I have written my memoir to document my work, but more importantly, to shed light on living with severe OCD in hopes that it will inspire others to consider their neurodivergence as a super-power,” Eklund said.
Eklund is one of the few women to have worked in the monster-making industry, according to the event announcement.
The event is scheduled for 6 p.m. Oct. 7 at Kaleidoscope Books & Sundries in Pikeville.
The post Hollywood special effects artist Lynette Eklund to discuss memoir in Pikeville appeared first on Mountain Top Media.
Viewing page 4 of 5|Previous Page|Next Page