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Class Action

Mass Tort Litigation Blog

Law professors discuss mass tort and class action lawsuits.

Post Frequency: 9.9/day

Last Entry: March 29, 2011 at 17:41:19

Link to WTC Settlement

Posted on May 04, 2010
For readers interested, the WTC settlement and various documents can be conveniently found on the Napoli Bern Ripka LLC website here:http://www.nbrlawfirm.com/blog/read_blog/213/wtc-respiratory-illness-law I think its a great public service that the firm is being transparent about the agreement and these motions...

Profile of WTC Litigation Judge in the NYTimes

Posted on May 03, 2010
Mireya Navarro of the New York Times wrote an article published on Sunday about Judge Alvin Hellerstein who is overseeing the 9/11 World Trade Center Disaster Site litigation, and who now famously came out against the proposed settlement in that...

Sebok on Alienation of Claims

Posted on April 29, 2010
Tony Sebok (Cardozo) has posted his piece "The Inauthentic Claim" to SSRN. This is a very important paper arguing against the usual rule limiting types of litigation financing. The implications of the thesis for mass torts is significant. If people...

Klein on "Science Causation and Toxic Torts"

Posted on April 26, 2010
A provocative post from Andrew Klein as part of Torts Prof Blog's ongoing Monday guest blogger series. Check it out here. ADL

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Dukes v. Wal-Mart - Ninth Circuit En Banc Decision Issued Today

Posted on April 26, 2010
In a long awaited decision, the Ninth Circuit finally issued its en banc opinion in Dukes v. Wal-Mart Stores, Inc. Although I haven't yet had a chance to read the 137 page opinion (though it does provide a nice diversion...

Seventh Circuit Rules that Daubert Applies During Class Certification

Posted on April 23, 2010
In an April 7, 2010, decision, American Honda Motor Co. v. Allen, the Seventh Circuit held that "when an expert's report or testimony is critical to class certification, . . . a district court must conclusively rule on any challenge...

Remaining Pockets of Lead Poisoning

Posted on April 21, 2010
An article today in The New York Times discusses the remaining pockets of lead poisoning in urban areas, despite the nationwide trend of decreasing lead poisoning. BGS

Sharkey on the Exxon Valdez Litigation

Posted on April 21, 2010
Catherine Sharkey (NYU) has posted "The Exxon Valdez Litigation Marathon: A Window on Punitive Damages" on SSRN. It looks like one of the things Sharkey discusses in the paper (which I haven't read yet but looks fascinating and important) is...

Jennifer Wriggins on Torts, Insurance and the Value of Injury

Posted on April 19, 2010
At Torts Prof Blog. A very interesting post. ADL

ACI Conference on Chemical Products Liability and Environmental Litigation

Posted on April 19, 2010
American Conference Institute will be hosting a conference on Chemical Products Liability and Environmental Litigation on April 28-29, 2010 in Chicago, IL. I will be speaking on mass torts and ethics, with particular attention to the ethics of mass settlements...

City Turns to Circuit Court to Invalidate Judge Hellerstein's Role in WTC Litigation

Posted on April 15, 2010
The City has filed a notice of appeal from Judge Hellerstein's finding against the settlement in the WTC Disaster Site litigation and his role in policing the settlement. The NY Law Journal has the story. Mark Hamblett reports: Attorneys for...

JPML Consolidates Toyota Lawsuits in Souther District of CA

Posted on April 12, 2010
See Robin Effron's post at Civil Procedure & Federal Courts Blog. ADL

New Class Action Attorney Registration Requirements

Posted on April 05, 2010
(h/t Richard Arsenault)Supreme Court blog www.scotusnewz.com reports that the Court has approved Rule 23.4.1, Federal Rules of Civil Procedure, which will require all attorneys wishing to represent clients in class actions in federal courts to be specially licensed as ?Class...

Mass Torts & Bankruptcy Teleconference

Posted on April 01, 2010
HB Litigation Conferences will be hosting a teleconference on Mass Torts & Bankruptcy on Wednesday, April 7, from 2:00 p.m. to 3:40 p.m. EST. I'll be speaking along with Steven C. Bennett (Jones Day), Sander Esserman (Stutzman Bromberg), and Mark...

More on Shady Grove

Posted on April 01, 2010
Adam Steinman nicely recaps the opinion on the Civil Procedure and Federal Courts Blog. SCOTUSblog also offers some analysis of the decision. ADL

Rule 23 Upheld in All State Class Actions

Posted on March 31, 2010
The Supreme Court today released the decision in Shady Grove Orthopedics v. Allstate. Justice Scalia, writing for the Court, was joined by Thomas, Roberts, Sotomayor & Stevens. Justices Kennedy, Breyer, Alito joined Ginsburg's dissent. (h/t Steven Burbank, Penn Law)...

The future ain't what it used to be.

Posted on March 31, 2010
Yogi Berra was right and I was wrong. Revisiting my old post, boy my prediction regarding the outcome in Shady Grove was wrong. I should have taken the statistical approach - after all why would they grant cert if not...

Panel on Pluralism in Tort Law and Litigation at Annual Conference of the Association for the Study of Law, Culture and the Humanities

Posted on March 29, 2010
As previously mentioned, I was part of a panel on Pluralism in Tort Law and Litigation at the annual conference of the Association for the Study of Law, Culture and the Humanities, which took place on Saturday, March 20 at...

Toyotal Lawsuits - behind the scenes at an MDL

Posted on March 26, 2010
Here is an interesting article about the JPMDL oral arguments in the Toyota lawsuits: Lawyers Play Speed-Date in Toyota Tussle. The issue the article discusses (rather disdainfully) is who will be the lead lawyers in the Plaintiffs' Management Committee because...

Erichson on Judge's Involvement in WTC Disaster Site Litigation

Posted on March 26, 2010
Our own Howard Erichson is quoted at length in a recent New York Law Journal article on Judge Hellerstein's rejection of the 9/11 first responders settlement. I can't access the article, but here is a taste. ADL

Reynolds' Move Into Smokeless Products

Posted on March 25, 2010
Thorough article in the Wall Street Journal -- Smokeless Products Are Tough Test for Reynolds, by David Kesmodel. BGS

New York City Settles Strip Search Class Action for $33 Million

Posted on March 23, 2010
The New York Times reports that NYC has settled yet another strip search class action, providing about $33 million for 100,000 people who were strip searched between 1999 and 2007. The article is here. ADL

Litigating Together: Social, Moral, and Legal Obligations

Posted on March 23, 2010
I have posted a draft of the last in a trilogy of articles on nonclass aggregation and thought I would provide a brief retrospective for the interested reader. The first article in the trilogy is Procedural Justice in Nonclass Aggregation,...

Georgia High Court Strikes Down Damages Caps in MedMal Cases

Posted on March 23, 2010
The NYTimes coverage is here. ADL

Nagareda on "Developments in Mass Torts"

Posted on March 22, 2010
At Torts Prof Blog. See his post here. ADL

9/11 First Responder's Settlement Rejected by Judge

Posted on March 20, 2010
On Friday Judge Hellerstein (SDNY) rejected the settlement that had been reached by lawyers in the 9/11 First Responders Litigation (otherwise known as In Re World Trade Center Disaster Litigation). He said the settlement was too obscure and that the...

Florida's Third District Court of Appeals Upholds $24 Million Tobacco Verdict

Posted on March 19, 2010
The Third District Court of Appeal in Florida unanimously upheld a $24.8 million verdict against Phillip Morris USA, Brown & Williamson, and Liggett Group. It's the first appellate ruling upholding a verdict since the Florida Supreme Court dismantled the Engle...

Taxing Punitive Damages

Posted on March 19, 2010
Dan Markel and Greg Polsky (both of Florida State) have posted "Taxing Punitive Damages" on SSRN. Here is the abstract: There is a curious anomaly in the law of punitive damages. Jurors assess punitive damages in an amount that they...

What Should Plaintiffs In Aggregate Litigation Ask Their Lawyers?

Posted on March 17, 2010
What should plaintiffs in large-scale litigation that settles as an aggregate settlement -- like Vioxx or the WTC litigation -- ask their lawyers in trying to evaluate the settlement? As a general matter, plaintiffs are trying to compare unknowns and...

ASLCH Annual Conference and Presentation on "Examining Litigant Autonomy in Mass Torts: Insights from the Individualism of Ayn Rand"

Posted on March 17, 2010
On Saturday, March 20, I'll be speaking as part of a panel on "Pluralism in Tort Law and Litigation" at the annual meeting of the Association for the Study of Law, Culture, and Humanities, at Brown University in Rhode Island....

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