AbbVie Secures Dual MSJ Wins in Bellwether Breast Implant Cases

Judge Lawrence Riff held that a plaintiff who elects explant surgery—with no diagnosis, no defect ever manifesting, and no physician recommending removal—has no legally cognizable injury under California law.

These are the first bellwether summary judgment orders in any court in these cases. The latest win vacates the first bellwether trial, scheduled for September 2026. It is expected that all similar cases pending in the judicial council coordination proceedings (JCCP) will be stayed pending appeal of this decision.

Hueston Hennigan is lead U.S. trial counsel for AbbVie in the Allergan textured breast implant litigation. Allergan, an AbbVie subsidiary, recalled BIOCELL breast implants in 2019 due to a potential association with a rare cancer, BIA-ALCL, and litigation soon followed. This multibillion-dollar litigation involves approximately 1,700 individual lawsuits and a nationwide class action pending in three venues, including a coordinated proceeding in LA Superior Court and a multidistrict litigation in the District of New Jersey. The plaintiffs argue AbbVie is liable under manufacturing defect, failure to warn, and misrepresentation theories.

The rulings have implications beyond these plaintiffs, as the orders’ logic applies broadly across the filed cases.  The matters were argued by John Hueston. The team also includes Moez Kaba, Christine Woodin, Vicki Chou, Craig Fligor, Karen Ding, Mariah Rivera, Bram Alden, Cassidy O’Sullivan, Youzhihang Deng, Samuel Givertz, Katharine Ross, Marcelo Bonassa, Erik Savitt, Kristen Schnell and Yona Kornsgold.

A Daily Journal article is here.

Alden Honored with OCLBA Community Service Award

The award, named for the late Katherine Darmer, a founding member of the OCLBA board of directors, honors “individuals and organizations who make extraordinary contributions to the advancement of LGBTQ equality.”

The association noted that, as a federal prosecutor, Mr. Alden secured and defended convictions in multiple cases involving LGBTQ victims, and, in private practice, won asylum for a transgender immigrant, co-founded an LGBTQ board to support homeless youth in Southern California, and helped write and defend the nation’s first law banning conversion therapy on minors.

Recorder Names Kaba ‘Entertainment Lawyer of the Year,’ and Rayburn ‘Woman Leader in Tech Law’

Mr. Kaba was selected from a field of 10 finalists for the award, which recognizes attorneys who are “taking on the biggest names and issues in the entertainment industry.” Ms. Rayburn’s award honors the “go-to attorneys for Big Tech or the next groundbreaking tech startups.”

Hueston Hennigan was also recognized as a finalist for “Tech Industry Litigation Department of the Year” – firms whose results in the tech sector “went beyond the ordinary.”

Hueston Hennigan Selected to Lead Hawaii Medicaid Fraud Strike Force

As a former federal prosecutor and White House Deputy Counsel, Mr. Purpura will use his deep experience in complex investigations, fraud enforcement and coordination with federal law enforcement and federal agencies to help identify Medicaid waste, fraud and abuse, recommend corrective actions, and strengthen systems to protect Medicaid recipients and public funds.

Mr. Purpura’s work with Hawaii and Gov. Green includes leading the Hueston Hennigan team that secured a historic global $4 billion-plus settlement that resolved all claims stemming from the devastating 2023 Maui wildfires.

The Medicaid Fraud Strike Force team also includes Vicki Chou, Bram Alden, Stephanie Xiao and Joseph Crusham.

A Honolulu Star-Advertiser article on the strike force is here. 

Hueston Hennigan Earns Top Accolades from Chambers

The firm was ranked Band 1 for both General Commercial Litigation and White Collar Crime and Government Investigations Litigation in California. Clients praised the firm’s “superior breadth and depth” that “enables it to deliver unparalleled levels of service” and noted that its team “pays attention to all the details in a case and is very thorough in strategy and approach.” Clients affirmed that “if you have bet-the-company or high stakes litigation, this is the firm to use,” and singled out the firm’s “exceptional understanding of how our business thinks about risk, cost and value” and responsiveness that is “better than any other firm we work with.” A client noted that “the Hueston Hennigan team stands out for strong trial experience and innovative thinking.”

The firm was also recognized nationally in General Commercial Litigation. And it was ranked nationally in Corporate Crime and Investigations, where clients called it the “go-to firm for any high-stakes issues” and described its lawyers as “some of the best at what they do” who “set themselves apart through the legal victories for their clients.”

In addition, nine Hueston Hennigan partners were ranked:

Marshall Camp was again ranked in White Collar Crime and Government Investigations Litigation (California), with clients praising him as “smart” and “detailed.”

Vicki Chou was ranked among the leading lawyers in White Collar Crime and Government Investigations Litigation (California). Clients praised her as “extraordinarily smart – courtroom-smart, street-smart, and book-smart,” and “an all-around talent.” Described as a “total fighter” who is “very savvy and sharp,” she is someone who “relates to all her clients in a very easy way” and is a go-to for “clients with challenging situations.”

Douglas Dixon was once again recognized as a top lawyer in General Commercial Litigation (California), where clients praised him as “outstanding in front of a board or executive team” with a “very calm and reassuring presence,” and Chambers called him “a natural-born lawyer and a consummate gentleman.” Clients also appreciated that he is “super communicative and always available.”

Brian Hennigan was recognized as a Senior Statesperson in White Collar Crime and Government Investigations Litigation (California), lauded as “a well-known name in the community, with a strong track record of work.”

John Hueston earned Chambers’ highest ranking in three categories. He was ranked as a Star Individual in Trial Lawyers (Nationwide), General Commercial Litigation (California), and White Collar Crime and Government Investigations Litigation (California). Clients declared there is “no better trial lawyer than John Hueston,” describing him as “a master strategist,” “an artist in how he presents arguments,” and “the best in the country on his feet” who “can see things that actually matter before anyone else sees them.” Clients praised him as “the Babe Ruth of trial lawyers” and someone who, “when he shows up on your behalf, the other side knows you are deadly serious about pushing back hard on their claims.” Clients noted that he “overwhelms you with common sense and a rational presentation” and has “mastered the art of simplifying the complicated for judges and juries,” with one adding that he “is always thinking about trial and is the best at his craft.” He was called “a phenomenal litigator” and “the first call for many,” as well as “a powerhouse and a rare person who lifts people up” who “sees diverse talent and supports these lawyers to make them the next generation of his firm.”

Moez Kaba was recognized as one of the best trial lawyers in the country, achieving Band 1 in Trial Lawyers (Nationwide) and Band 1 in General Commercial Litigation (California). Lauded as a “generational talent,” Chambers described him as “a courtroom killer” whose “trial skills and persuasion are incredible.” Clients praised him as “an incredibly savvy litigator and trial lawyer who is quick to pick up themes and issues.” Clients called him “a fantastic trial attorney,” and celebrated his ability “to adapt and persuade judges and jurors alike” with “incredible situational awareness and elite trial skills.” Other clients remarked on how he is “always thinking three or four steps ahead.”

Robert Klieger was ranked in Media and Entertainment Litigation (California), where clients described him as “incredibly intelligent” with work product of the “highest quality,” praising his “practical, straightforward advice” and smart litigation strategy.

Sourabh Mishra entered the rankings this year, with a recognition as Up and Coming in General Commercial Litigation (California). Clients called him “incredibly intelligent, diligent and responsive,” with one declaring: “Sourabh is one of the best legal writers I’ve encountered. If I had one brief to win, he’d be my first call.”

Joseph Reiter was ranked in General Commercial Litigation (California), with clients describing him as “a terrific attorney who has earned our trust.”

Chambers and Partners is the leading independent professional legal research company operating across 200 jurisdictions. Rankings are determined by an in-depth research methodology involving detailed interviews with market sources and clients, as well as analysis of capabilities, achievement and sector presence.

Preliminary Injunction Secured for UCAR

The district court granted the firm’s motion for a preliminary injunction, barring the federal government from transferring any of UCAR’s rights or responsibilities related to a critical supercomputing center that serves thousands of users researching atmospheric, geospace, aerospace and environmental sciences.

In March, Hueston Hennigan filed suit on behalf of UCAR after the federal government announced its intent to dismantle NCAR and transfer stewardship of the supercomputing center away from UCAR. The lawsuit alleges that the decision was made in retaliation against the State of Colorado, without legal justification or adherence to the government’s own review processes.

While the suit is ongoing, the preliminary injunction will ensure that UCAR and its affiliates can continue to do vital work on behalf of the United States without interruption.

The Hueston Hennigan team includes Michael Purpura, Bram Alden, Austin Reagan, Emilie Miner, David Kim and Frank Troncoso.