Diana L. Martin

Miramar Water Litigation

Miramar Water Litigation (Cir. Crt. Broward Cnty.): Cohen Milstein represents residents of the City of Miramar, Florida in an environmental toxic tort and property damage class action suit against the City of Miramar and its consultant, Kimley-Horn, Inc. The plaintiffs claim that, due to the negligence of the City and the malpractice of its consultant, their water supply has not been properly treated and has caused irreversible and costly damage to the copper piping in their homes.

Reed, et al. v. USA – Chimney Tops 2 Fire

Reed, et al. v U.S.A (E.D. Tenn.): Cohen Milstein represents plaintiffs in a wrongful death and property damage mass action against the United States Department of Interior and National Park Service for the negligence of its employees to perform their duties during The Chimney Tops 2 Fire in Tennessee, which originated in the Great Smoky Mountains National Park and ultimately damaged or destroyed 2,500 homes, buildings and other structures, and killed more than a dozen people.

U.S.A. v. Janssen Biotech, Inc.

U.S.A. v. Janssen Biotech, Inc. (D. Mass.): Cohen Milstein represents the plaintiff-relator in a whistleblower/qui tam lawsuit against Janssen Biotech (a subsidiary of Johnson & Johnson), alleging that the manufacturer of the rheumatoid arthritis drugs Remicade and Simponi ARIA violated federal law by engaging in a scheme through which it provided physicians free practice management and infusion business consulting services over an extended period to induce the physicians to purchase Remicade and Simponi ARIA and administer these drugs to patients, including Medicare beneficiaries, via infusions performed in their offices.

Walmart Litigation

Walmart Litigation: Litigation against Walmart Stores has been ongoing since June 2001, in an effort dedicated to ensuring that millions of women who have worked for Walmart over the years receive equal pay and an equal chance at promotion.

Hand et al., v. Scott et al.

Hand et al., v. Scott et.al (N.D. Fla.): Cohen Milstein and Fair Elections Legal Network, a national voting rights organization, achieved a major victory in 2018 on behalf of former felons in Florida, who claimed their constitutional rights had been infringed by Florida’s Clemency Board. The court ruled that the Clemency Board’s process to grant or deny former felons’ restoration of voting rights applications was unconstitutionally arbitrary and violated the U.S. Constitution’s First and Fourteenth Amendments.

Herrera et al v. JFK Medical Center Limited Partnership and HCA, Inc.

Herrera v. JFK Medical Center and HCA, Inc. (M.D. Fla.): Cohen Milstein was lead counsel in a class action lawsuit alleging that four Florida plaintiffs and others like them were billed inflated and exorbitant fees for emergency radiology services, in excess of the amount allowed by law, covered in part by their mandatory Florida Personal Injury Protection insurance. When the district court struck plaintiffs’ class claims, Ms. Martin successfully petitioned the Eleventh Circuit Court of Appeals to accept immediate appellate review and obtained a reversal of the district court’s order. Cohen Milstein resolved the case and secured final approval of a $220 million injunctive relief settlement.

Lindsay X-LITE Guardrail End Terminal Litigation

Lindsay X-LITE Guardrail End Terminal Litigation: Cohen Milstein represented a number of families of decedents and victims of catastrophic injuries in a series of individual products liability, wrongful death and catastrophic injury lawsuits in Tennessee and South Carolina state courts against the Lindsay Corporation and several related entities for designing, manufacturing, selling, and installing defective, X-Lite guardrails on state roadways.

Mincey v. Takata

Mincey v. Takata (Cir. Crt., Duval Cnty., Fla.): Cohen Milstein was lead counsel in a lawsuit brought on behalf of Patricia Mincey and her family, a Florida woman who sustained catastrophic injuries that rendered her a quadriplegic in 2014 when the driver’s side airbag in her Honda Civic deployed too aggressively during a collision due to a product defect. Patricia Mincey passed away in early 2016 due to complications from her quadriplegia. The suit charged that Takata, the manufacturer of the airbag system, knew of the airbag defect and hid the problem from consumers. When the defendants removed Ms. Mincey’s case to federal court in an attempt to have it bogged down in multi-district litigation, Cohen Milstein successfully had the case remanded to Florida state court, where it is was resolved in July 2016.

Saori Yamauchi, et al. v. Toyota Motor Corporation, et al.

Saori Yamauchi, et al. v. Toyota Motor Corporation, et al. (Cir. Crt., Dutchess Cty., N.Y.): Cohen Milstein and local New York co-counsel resolved a product liability and personal injury lawsuit against Toyota Motor Corporation, Autoliv, and related entities on behalf of Saori Yamauchi. Mrs. Yamauchi sustained a catastrophic injury during an accident in her Toyota Sienna as a result of the vehicle’s airbag system deploying in a dangerous manner.