Elizabeth J. Cabraser

SAN FRANCISCO - Elizabeth J. Cabraser does more than just win cases as a name partner at the plaintiff-side Lieff Cabraser Heimann & Bernstein, LLP. Following her latest -- a bench ruling in early August that the Walgreens pharmacy chain is liable for much of San Francisco's opioid epidemic -- her attention is now on the complex business of remedies.

In the bellwether trial before Senior U.S. District Judge Charles R. Breyer as part of the national multidistrict opioid ligitation, Cabraser and colleagues' client, the city, sued seven drug manufacturers and distributors and settled with six of them for $120 million. Breyer said he will now hold another trial to determine Walgreens' share of future costs for addiction treatment programs and other fixes. City and County of San Francisco v. Purdue Pharma LP et al., 3:18-cv-07591 (N.D. Cal., filed Dec. 18, 2018).

"Remedies are a huge part of what we do," Cabraser said. She serves on the plaintiffs' executive, settlement and tribal committees in the national case. "Remedies have to be practical and enforceable. You have to create an infrastructure to administrate them and monitor them and remain accountable to the court."

She recalled decades-old case settlements that are still alive in the remedy phase. "There was a diet drug MDL settlement in 2000 where we still see reports about the settlement administration. There was breast implant litigation in 1994 where the court still retains jurisdiction. There is frequently a very long tail behind mass tort case settlements.

As with the opioid outcome, a robust remedy plan will be necessary for the $80 million settlement Cabraser reached in June with Volkswagen and Porsche to compensate consumers for allegedly manipulating emissions data on their test vehicles to fool regulators.

The company sold half a million vehicles in the U.S. that were believed to be more environmentally friendly and fuel efficient than they were. Owners of eligible cars will get between $250 and $1,109 to fix them. Cabraser was among the lead counsel. In re: Volkswagen "Clean Diesel" Marketing, Sales Practices and Products Liability Litigation, 3:15-md- 02672 (N.D. Cal., filed Dec. 8, 2015).

In the opioids case, Cabraser said that in a similar matter in Ohio, "The plaintiffs came up with a short and somewhat limited abatement plan that went out for only five years. That's less than what we'd ask for here. We've been around long enough that we are dedicated to improving case management and devising long-term solutions."