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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

Sept 11th First Responder Suits in Settlement Talks

Posted on February 04, 2010
The New York Times has published an article by Mireya Navarro entitled "Effort to Settle Sept. 11th Lawsuits". The article describes (albeit without much detail) the efforts to settle the lawsuits brought by first responders against various contractors and New...

Stream of Commerce Alive and Well in New Jersey

Posted on February 04, 2010
On Tuesday the New Jersey Supreme Court issued a decision exercising broad personal jurisdiction over a UK Manufacturer who distributed goods through an independent Ohio distributor sued by a resident of New Jersey. The decision is Nicastro v. McIntyre Machinery,...

Professors Opine on Toyota's Lawsuit Problem

Posted on February 03, 2010
At TortsProf Blog. The article quoting torts professors David Owen (South Carolina) and James Henderson (Cornell) can be found here. ADL

Adequacy of Representation

Posted on February 02, 2010
I recently posted a response to Jay Tidmarsh's article, Rethinking Adequacy of Representation, 87 Texas Law Review 1137 (2009) on SSRN. Although I ultimately find his recommendation troubling for the reasons I highlight below, I highly recommend his article...

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U.S. News to Rank Law Firms

Posted on January 31, 2010
The U.S. News & World Report, immensely influential in education for its rankings, has announced that its October 2010 issue will include a ranking of more than 5,000 law firms in more than 125 legal practice areas. Will mass tort...

Toyota Recall Spurs Lawsuits and Talk of Lawsuits

Posted on January 29, 2010
The ABA Journal article is here. Apparently class actions have already been filed by consumers who claim that their cars are now worthless. The article quotes the Wall Street Journal quoting Richard Nagareda (Vanderbilt) "Since it will be hard to...

Oral Argument on the Preclusive Effect of the Engle Case

Posted on January 27, 2010
In Engle v. Liggett Group, 945 So.2d 1246, the Florida Supreme Court decertified a smoker class action, but held that factual findings in a class action of cigarette smokers could be preclusive in subsequent actions by individual plaintiffs. Now the....

"Fraud on the Market" Theories in Consumer Litigation

Posted on January 26, 2010
A very interesting post from the folks at Drug and Device Law Blog available here. Note that as everything they write, this is from the defense perspective. As they note, fraud on the market theories allow class actions to be...

Consumer Fraud Claims for Substances in Food

Posted on January 26, 2010
BNA Law Week has an article by George Sibley and Alan Rudin called "Toxic Torts Minus Toxicity: Of Consumer Fraud Claims Relating to Food." 78 U.S.L.W. 2423. The thesis of the article is that the proliferation of cases attacking the...

Redish on Whether Class Actions are Unconstitutional

Posted on January 22, 2010
Both the ABA Journal and Forbes have recently featured Professor Martin Redish's book, Wholesale Justice. As he points out in a comment to the ABA article, both pieces "somewhat overstate and simplify my position. I do not really suggest that...

Bellwether Trials in the NuvaRing Litigation

Posted on January 21, 2010
Robin Effron (Brooklyn) over at Civil Procedure and Federal Courts Blog prints a fun quote from the NuvaRing litigation. See this link to her post: "Gender Theory and Bellwether Trials." ADL

Exxon Radiation Litigation

Posted on January 20, 2010
A lawsuit against Exxon in Louisiana is underway this week. TortsProf Blog has the information and link to an article in Business Week. ADL

Update on Collective Redress in England and Wales

Posted on January 19, 2010
Back in November of 2008, England and Wales asked Lord Justice Jackson to review civil litigation costs and how those costs affected access to justice. He recently issued his final report (a hefty 584 pages). BBC News calls the report...

Tort Music

Posted on January 17, 2010
On a lighter note, I thought our readers might enjoy Weird Al's video and song for "I'll Sue Ya," in which he sets the joy of tort litigation to the sounds of Rage Against the Machine. (Thanks to my son...

Gensler on CAFA's effect on state court class actions

Posted on January 14, 2010
Steve Gensler has posted on SSRN a new article examining the Oklahoma state court experience with class action filings post-CAFA. The paper will be published as part of the Kansas Law Review symposium on aggregate litigation since Amchem and Ortiz....

Really Selling Out the Class

Posted on January 13, 2010
Usually when academics and policymakers talk about class action lawyers selling out the interests of the class in favor of increasing their fees there isn't any direct proof that this is what occurred, and its always hard to second guess...

Misjoinder and Mass Torts

Posted on January 13, 2010
The folks over at Drug and Device Law (now under partially new management that apparently is more fond of literary allusions than the old) have an interesting post on misjoinder, for those of you interested in the real nitty gritty...

Cadmium Warning (Children's Jewelry)

Posted on January 11, 2010
The Associated Press is reporting a study that demonstrated that there are alarming percentages of the heavy metal Cadmium, which among other things causes cancer, in certain inexpensive children's jewelry (particularly charm bracelets). Some of the jewelry was sold at...

Soldiers Suing Manufacturers and Other Companies for War Zone Injuries

Posted on January 08, 2010
An article in the Wall Street Journal -- Soldiers Fight in the Courts Over Liability in War Zones, by Dionne Searcey -- discusses recent and historic attempts by soldiers to bring suit against third parties over injuries suffered while on...

Looking Back at the Decade - and to the Future

Posted on January 05, 2010
What were the most important developments in mass torts in the last decade? Arguably the Agent Orange litigation represents the 1980's and Amchem represents the 1990's. So what case most typifies the first decade of the twenty-first century? I nominate...

The Future of Class Actions After Shady Grove

Posted on December 31, 2009
As Adam Steinman writes on the Civil Procedure & Federal Courts Blog, people interested in civil procedure, federalism, consumer law and class actions are eagerly awaiting the Court's decision in the Shady Grove case. The question in that case is...

Trial Lawyers and Washington Subway Ads

Posted on December 30, 2009
Yesterday's New York Times featured a story on trial lawyers' advertising attempts to avoid massive tort reform in the midst of the debate over health care. The debate has a familiar tone to it. Here's an excerpt: The trial lawyers...

2009 Scholarship Roundup

Posted on December 28, 2009
Below is a list of the law review articles and online companion articles (with a few practice journals thrown in) about mass torts and/or class actions published in 2009. I did not include articles about the new pleading regime, leaving...

That's Dedication

Posted on December 22, 2009
Photo of Ted Frank's car -- Ted is founder of the Center for Class Action Fairness and former fellow at the American Enterprise Institute. (Thanks to Ted for permission to post here.) BGS

Year End Scholarship Round Up - Soliciting Nominations

Posted on December 16, 2009
I am putting together a post of mass tort articles (loosely defined) published in 2009. Gentle readers, if you wrote an article that wasn't mentioned on the blog or that was mentioned and you want to remind me of or...

Increase in Black Lung Disease

Posted on December 15, 2009
Today's Wall Street Journal has an article on increases in Black Lung Disease, Black Lung on Rise in Mines, Reversing Trend, by Kris Maher. Black Lung claims are covered by a federal Black Lung program, which provides an administrative mechanism...

GAO Says FDA Hasn't Made Enough Safety Reforms

Posted on December 11, 2009
The AP has the story here. While the FDA has made some changes, it has not transferred authority to the Office of Surveillance and Epidemiology. H/T Torts Prof Blog. ADL

The Individual Proof Rule

Posted on December 07, 2009
On December 1, 2009 Judge Weinstein issued a ruling granting partial summary judgment to the pharma company Eli Lilly in the lawsuit by the state of Mississippi concerning Zyprexia. The opinion can be found here. The folks over at Drug...

RAND Silica Litigation Study

Posted on December 04, 2009
A RAND study on the silica litigation has just been released. You can find the study here. H/T Mark Behrens and the Tort Prof Blog. ADL

Aggregation, Community, and the Line Between

Posted on December 01, 2009
My most recent paper, Aggregation, Community, and the Line Between, is now available on SSRN. This paper continues to develop to my larger project on nonclass aggregation, which draws from moral and political philosophy as well as social psychology to...

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