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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

Satish K. Jain on the Efficiency of the Negligence Rule

Posted on September 09, 2009
Satish K. Jain (Jawaharlal Nehru University) has posted to SSRN his article, On the Efficiency of the Negligence Rule. Here's the abstract: In the law and economics literature there are three different versions of negligence rule which have been discussed...

Fosamax Update: Boles Jury Struggling; Summary Judgment Rejection

Posted on September 09, 2009
Two news items from the Fosamax front, one involving jury deliberations in the Boles trial, the other involving Merck's effort to win summary judgment in 24 other cases. The Fosamax litigation involves about one thousand plaintiffs' claims against Merck alleging...

Objections in the Google Book Settlement

Posted on September 09, 2009
The New York Times has an article on the large numbers of objections filed in the Google book settlement as the date of the fairness hearing looms. The article is at this link: 11th Hour Filings Oppose Google's Book Settlement...

Class Actions and Sneetches

Posted on September 09, 2009
You generally won't find much humor over here at the Mass Tort Blog. And, to be honest, this post is more about civil procedure generally than class actions in particular. But, there is a section on Class Actions and Sneetches...

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Rebecca Love Kourlis and Jordan Singer on Managing Toward the Goals of Rule 1

Posted on September 09, 2009
Rebecca Love Kourlis (Denver) and Jordan M. Singer (Denver) have posted to SSRN their article, Managing Toward the Goals of Rule 1. Here's the abstract: Two new studies may help federal judges better achieve Federal Rule of Civil Procedure 1?s...

Joseph Raz on Responsibility & the Negligence Standard

Posted on September 08, 2009
Joseph Raz (Columbia & Oxford) has posted to SSRN his article, Responsibility & the Negligence Standard. Here's the abstract: The paper has dual aim: to analyse the structure of negligence, and to use it to offer an explanation of responsibility...

Pending Supreme Court Case on False Claims Act

Posted on September 07, 2009
More on the case, Graham County v. United States ex rel. Wilson, from the Washington Legal Foundation, which has authored an amicus brief. BGS

New civil procedure book

Posted on September 04, 2009
My new book, Inside Civil Procedure: What Matters and Why, has been released by Aspen Publishers. Written for law students, it tries to explain the concepts of civil procedure in a comprehensible and engaging way. Readers of this blog won't...

A "Good Faith" Standard for Reviewing Class Certification?

Posted on September 04, 2009
Eran Taussig (SJD, UPenn) has posted an article comparing the Israeli and American class action rules, and arguing in favor of the Israeli "good faith" standard. The article is called "Broadening the Scope of Judicial Gatekeeping: Adopting the Good Faith...

Scholarship on Multiparty Litigation & Settlement

Posted on September 04, 2009
An article recently posted on SSRN by Andrew F. Daughtey and Jennifer F. Reinganum, entitled "A Dynamic Model of Lawsuit Joinder and Settlement" models strategies on both sides of multidistrict litigation. Here is the abstract: In this paper we examine...

Ford Settles New Jersey Toxic Tort Case

Posted on September 04, 2009
According to this report in The Record, Ford Motor Co. yesterday reached a settlement in which Ford agreed to pay millions of dollars to settle the claims of 600 residents of Upper Ringwood, NJ. Although the settlement amount is confidential,...

Does the Google Settlement Matter to this Blog?

Posted on September 02, 2009
I was just perusing the ACS Blog and saw a post on Prof. James Gimmelman's take on the Google Book Settlement - which you may recall is the class action settlement that is giving Google a license to scan all...

Tobacco Companies Bring First Amendment Challenge to New Marketing Rules

Posted on September 02, 2009
More from Ross Todd of AmLaw Daily in his post, Big Tobacco Asserts First Amendment with Help from Floyd Abrams. Here's the complaint. BGS

Jackpot Justice: Verdict Variability and the Mass Tort Class Action

Posted on September 02, 2009
I posted to SSRN my article, Jackpot Justice: Verdict Variability and the Mass Tort Class Action, 80 Temple Rev. 1013 (2007). Notwithstanding the 2007 formal publication date, the article was published this year. Here's the abstract: Mass tort scholars, practitioners,...

Pre-Service Removal to Avoid Removal Limitation Based on In-State Defendant

Posted on August 31, 2009
Drug & Device Law analyzes a recent federal decision denying remand when one defendant is a citizen of the state where the action was originally filed, but that defendant had not yet been served at the time of removal. Because...

Bill Marler on Legal Issues for Food Safety

Posted on August 31, 2009
Bill Marler has posted his brief article, Legal Issues for Food Safety, on Marler Blog. BGS

Sixth Circuit Fen-Phen Decision on Statute of Repose

Posted on August 30, 2009
Drug & Device Law praises statutes of repose and discusses a recent Sixth Circuit Fen-Phen decision. BGS

Margaret Williams and Tracey George on the Decision to Consolidate Multidistrict Litigation

Posted on August 28, 2009
Margaret Williams (Federal Judicial Center) and Tracey George (Vanderbilt) have posted to SSRN their article, Between Cases and Classes: The Decision to Consolidate Multidistrict Litigation. Here's the abstract: This paper provides the preliminary results of a convenience sample of ninety...

Community Reprise

Posted on August 28, 2009
Professor Lahav's post on Community, Network, and Class Action raises an interesting point: what do people want from litigation? My contention isn't that people litigate in order to create a community, but that notions of community can begin to fill....

Community, Network, Class Action

Posted on August 28, 2009
The most recent BNA Class Action Reporter describes a privacy lawsuit filed by Facebook users alleging that Facebook "a data mining company disguised as a social network, and has repeatedly violated users' privacy, engaged in illegal advertising, and misappropriated users'...

Pro-Defense Daubert Ruling in Bausch & Lomb MoistureLoc MDL

Posted on August 27, 2009
Pertaining to the more speculative cases alleging non-fusarium infections. Drug & Device Law analyzes the opinion. BGS

$13.8 Million Smoker Punitive Damages Verdict Against Altria

Posted on August 25, 2009
In the Bullock case in Los Angeles -- more from Bloomberg. BGS

Richard Epstein on Consumer Regulation

Posted on August 24, 2009
In his July 14 Forbes column, Vanguard or Rearguard?, Richard Epstein (Chicago & NYU) recounts the history of the FDA, as well as other regulatory frameworks, and concludes that "[r]egulatory failure is, on average, a far greater risk than market...

Replacement of Defense Billable Hour with Flat Fee

Posted on August 24, 2009
The Wall Street Journal has an article today discussing the trend, accelerated by the recession, of replacing billable hours with flat fees. Amy Schulman, general counsel for Pfizer, is quoted in the article, and the Journal also provides a video...

Viagra MDL Judge Rejects Plaintiff Expert Testimony Under Daubert

Posted on August 23, 2009
A detailed analysis (with rejoicing) from Drug and Device Law. The opinion details deficiencies in the plaintiff expert's previously peer-reviewed and published study. For a past article of mine that set forth problems in the main study underlying the opinions...

U.K. Government's Response to Collective Redress in Europe

Posted on August 23, 2009
I've mentioned in previous posts that the Civil Justice Council recommended using collective actions in Europe in its report, "Improving Access to Justice through Collective Actions." The U.K.'s Ministry of Justice has recently published its response to the report in...

Anita Bernstein on Asbestos Achievements

Posted on August 21, 2009
Anita Bernstein (Brooklyn) has posted to SSRN her article, Asbestos Achievements. Here's the abstract: This Article defends a much-maligned cohort of lawyers by pointing out their unique accomplishments. Critics of the asbestos plaintiffs? bar call these advocates greedy, unethical, and...

Kenneth Klein on Pleading, Iqbal, and the 7th Amendment

Posted on August 20, 2009
Kenneth Klein (Cal Western) has posted on SSRN his article, Ashcroft V. Iqbal Crashes Rule 8 Pleading Standards on to Unconstitutional Shores. Here's the abstract: Over the course of the last two centuries, the realities of modern civil litigation and...

Rule 11 Ruling in the DC Circuit

Posted on August 19, 2009
The ABA/BNA Lawyers Manual on Professional Responsibility reports that Judge Merrick Garland overturned a sanction against a lawyer who failed to distinguish between facts and inferences in his memorandum opposing summary judgment. Judge Garland wrote: ?There is no basis in...

Fraud in the DBCP Lawsuits

Posted on August 19, 2009
The Wall Street Journal's Steve Stecklow offers a detailed article that's riveting reading. Here's a link to Judge Chaney's opinion on fraud on the court in the DBCP lawsuits. BGS

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