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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

Prempro Verdict Roundup

Posted on March 16, 2010
Date Compensatory Punitive 9/15/2006 1.5 0 2/1/2007 0 0 2/1/2007 2.4 0 10/1/2007 11.66 33 10/1/2007 11.66 33 10/1/2007 11.66 33 3/1/2008 2.75 27 10/1/2009 3.7 75 11/29/2009 6.3 28 2/22/2010 3.45 6 2/25/2010 0 0 average 5.007272727 21.36363636 ADL

WTC Litigation Settlement Link

Posted on March 16, 2010
The WTC Settlement is now available online. I wasn't able to track it down until late last night. Here is the link, from the Bern Napoli website (that is the firm spearheading the settlement):http://www.nbrlawfirm.com/blog/read_blog/213/wtc-respiratory-illness-law ADL

Albany Law Journal Symposium Issue on Off-Label Drug Prescription

Posted on March 16, 2010
The Albany Law Journal of Science & Technology has published a symposium issue on Regulating the Cure: Topics Arising Out of the Prescription of Drugs Off-Label. My article, Promotion of Off-Label Drug Use: In Favor of a Regulatory Retreat, 19...

Toyota Defective Gas Pedal MDL On the Way?

Posted on March 15, 2010
BNA Law Week reports that the Judicial Panel on Multidistrict Litigation is considering whether to consolidate defective accelerator cases against Toyota on March 25 ((In re Toyota Motor Corp. Defective Gas Pedal Products Liability Litigation, J.P.M.L...

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9/11 First Responders Settlement - "Fairness Hearing" April 12

Posted on March 15, 2010
Judge Hellerstein has scheduled a "fairness hearing" in the 9/11 First Responders Settlement (the case is known as In re World Trade Center Disaster Site Litigation) to take place on April 12, the New York Times Reports. Next Friday (3/19)...

Walter Olson Attempts to Defuse the Toyota Panic

Posted on March 15, 2010
His article, Exorcising Toyota?s Demons, was published today in the National Review online. BGS

First Responders Litigation Settles

Posted on March 12, 2010
The New York Times reports that In Re World Trade Center Disaster Site Litigation in the Southern District of New York has settled. The case involved nearly 10,000 plaintiffs and at least 90 defendants. The parties agreed that if 95%...

Nagareda on "Pretrial as Trial in Complex Litigation"

Posted on March 12, 2010
Richard Nagareda (Vanderbilt) has just posted an intriguing article "1938 All Over Again? Pre-Trial as Trial in Complex Litigation" on SSRN. Here is the abstract: This Essay for the Sixteenth Annual Clifford Symposium analyzes the transformation of the pre-trial process...

Amicus Brief - Cert Petition: Legislative Jurisdiction/Extraterritoriality

Posted on March 08, 2010
My colleague at Southwestern Law School, Austen Parrish, is asking that law professors contact him if they might be interested in signing on to an amicus brief in support of a petition for writ of certiorari in British American Tobacco...

Tort law conference at Pepperdine

Posted on March 08, 2010
Here's an announcement from Prof. Richard Cupp about an upcoming conference at Pepperdine: The Pepperdine Law Review is hosting a symposium on April 16, 2010 entitled Does the World Still Need United States Tort Law? Or Did it Ever? The...

SCOTUS Accepts Vaccine Preemption Case

Posted on March 08, 2010
BNA Law Week reports: Bruesewitz v. Wyeth, No. 09-152. Does Section 22(b)(1) of the 1986 National Childhood Vaccine Injury Act, which states that "[n]o vaccine manufacturer shall be liable in a civil action for damages arising from a vaccine-related injury...

Rough Justice and the Problem of Value in Tort Law

Posted on March 02, 2010
Following on Prof. Erichson's footsteps, I have just posted a draft article entitled "Rough Justice and the Problem of Value in Tort Law." You can find it on SSRN and bepress. This article can be read in dialogue with Erichson...

Erichson & Zipursky on mass settlements

Posted on March 01, 2010
Benjamin Zipursky and I have completed a paper entitled "Consent versus Closure." Ben is one of the nation's leading experts on torts and legal theory. He and I have long shared an interest in mass tort litigation, and we share...

Defense Verdict for Wyeth in latest Prempro Case

Posted on February 26, 2010
After six hours of deliberation yesterday, a Pennsylvania jury reached a defense verdict in the case of Foust v. Wyeth. This case comes on the heels of a number of plaintiffs victories. Just this past Monday a jury issued a...

Logue on Coordinating Sanctions in Torts

Posted on February 25, 2010
Kyle D. Logue (Michgan) has posted "Coordinating Sanctions in Torts" on bepress. Here is the abstract: This Article begins with the canonical law-and-economics account of tort law as a regulatory tool, that is, as a means of giving regulated parties....

"TwIqbal" Symposium

Posted on February 24, 2010
The symposium issue of the Lewis & Clark Law Review, Pondering Iqbal, exploring the implications of the Supreme Court's recent pleadings decisions is now online. H/t Ed Brunet. ADL

Choice of Law in Mass Torts

Posted on February 22, 2010
The folks over at Drug and Device Law have a very interesting post on this subject entitled Choice of Law, Punitive Damages and Harry Truman. ADL

Array of Lawsuits Expected Against Toyota

Posted on February 22, 2010
Professor David Owen (South Carolina) and I are quoted in a report tonight on All Things Considered on National Public Radio; the audio report -- Toyota Seen Facing Multiple Lawsuits, by Wendy Kaufman -- will also be posted on the...

Google Book Settlement Fairness Hearing

Posted on February 20, 2010
I attended three hours of the Google Book Settlement fairness hearing before Judge Denny Chin on Thursday. The event was well-attended, with two overflow rooms filled to the brim. In the courtroom I was in (the second overflow room) there...

Twelve Instead of Six? Developments in the WTC Disaster Site Litigation

Posted on February 19, 2010
As we noted here, there are reports of settlement nearing in the In Re WTC Disaster Site Litigation, otherwise known as the 9/11 First Responders Litigation. The NYT report is here. Initially Judge Hellerstein had ordered six bellwether trials. Now...

Carrie Menkel-Meadow & Bryant Garth on Empirical Studies of Civil Procedure and Courts

Posted on February 15, 2010
Professor Carrie Menkel-Meadow (Georgetown & UC Irvine) and Dean Bryant Garth (Southwestern) have posted to SSRN their essay, Process, People, Power and Policy: Empirical Studies of Civil Procedure and Courts, which is forthcoming in the forthcoming Oxford Handbook of Empirical...

BAR/BRI Attorneys Awarded Costs, but No Fees

Posted on February 14, 2010
The Wall Street Journal's Law Blog reported Friday that Judge Manuel Real told Bar/Bri antitrust litigators that they could recover around $1.26 million in costs, but not the $12 million in attorneys fees. Judge Real cited concerns about conflicts of...

Crisis Prevention and Toyota's Corporate Culture

Posted on February 14, 2010
The Economist suggests a connection between Toyota's continuing manufacturing problems and a corporate culture that fails to raise problems because it is overly deferential. I have separately heard that Asian airplane co-pilots have had to be specifically trained to overcome...

Aggregate Litigation: Critical Perspectives

Posted on February 13, 2010
On behalf of GW's James F. Humphreys Complex Litigation Center, Professor Roger Trangsrud has organized a conference on the American Law Institute's Principles of the Law of Aggregate Litigation. It will be held at George Washington University Law School on...

Shnoor on Loss of Chance Claims

Posted on February 10, 2010
Boaz Shnoor has posted "Loss of Chance: Behavioral Analysis of the Difference Between Medical Negligence and Toxic Torts." Here is the abstract: In recent years, more courts have allowed claims for "loss of chance" (LOC) in medical negligence claims, while...

IL Supreme Court Declares Damage Caps Unconstitutional

Posted on February 10, 2010
The case is Abigaile Lebron, a minor, et al. v. Gottlieb Memorial Hospital, et al., Nos. 105741, 105745, Ill. Sup. decided February 4, 2010. The basis of the decision is that damages caps violate separation of powers. h/t George Conk...

Class Actions Against Toyota

Posted on February 09, 2010
Coverage at the National Law Journal. h/t Civil Procedure and Federal Courts Blog ADL

Bebchuck & Klement on Negative Value Suits

Posted on February 09, 2010
Lucian Bebchuck (Harvard) and Alon Klement (Radzyner School of Law & B.U.) have posted an encyclopedia entry on Negative Value Suits on SSRN. Here is the abstract: We review the literature on negative-expected-value suits (NEV suits) ? suits in which...

Abraham on the Four Conceptions of Insurance

Posted on February 08, 2010
Kenneth Abraham has an enlightening guest post on TortsProf Blog called "Four Conceptions of Insurance." The relationship between the tort system and insurance systems is fascinating and important. More work needs to be done in this area. ADL

93% Reduction in Punitive Damages Award in Prempro Case

Posted on February 07, 2010
Bloomberg reports new developments in the prempro litigation. Judge Norman Ackerman of the Philadelphia Court of Common Pleas issued an order cutting the punitive damages jury award in Barton v. Wyeth from $75 million to $5.6 million. Bloomberg reports: Besides...

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