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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

Baker on Insurance, Transparency and the Civil Justice System

Posted on July 29, 2009
Tom Baker (Penn) has published a chapter on SSRN that makes some important points about what we know, and what we don't know, about the civil justice system. The chapter is entitled Transparency Through Insurance, Mandates Dominate Discretion (you can...

Mass Tort Score Card

Posted on July 28, 2009
The folks over at Drug & Device Law have an interesting post evaluating the trends in their field in the last twenty five years from the defense point of view. Click on this link to see the post. Overall, their...

First Neurontin Trial: Mark Lanier for Plaintiffs, and Mark Cheffo and William Ohlemeyer for Pfizer

Posted on July 27, 2009
Article in Am Law Litigation Daily -- Mark Lanier Work His Magic in 'Very Tough' Neurontin Test Trial?, by Ben Hallman. Mark Cheffo (Skadden) and William Ohlemeyer (Boies Schiller) will represent Pfizer. Here's an excerpt: Mark Lanier told the Litigation...

The Advance and Retreat of Pre-emption

Posted on July 22, 2009
Was going through some old issues of the ABA Journal and found this interesting article from the May issue -- Business Downturn: As the market tumbles, so does the corporate pre-emption defense, by David G. Savage. Here's an excerpt: For...

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More on Iqbal

Posted on July 21, 2009
Adam Liptak of the New York Times has an article in yesterday's Times on how Iqbal has affected pleading thus far. He notes that the decision has already been cited over 500 times in the last 2 months. Here's an...

Plaintiffs' Expert Testimony on General Causation Excluded in Non-Fusarium Eye-Infection Contact-Lens Case Against Bausch & Lomb

Posted on July 20, 2009
Article in AmLaw Litigation Daily -- Shook Hardy Wins Junk Science Dismissal for Bausch & Lomb, by Ben Hallman. Here's an excerpt: In 2006 Bausch & Lomb yanked its ReNu Moisture Lock contact lens solution from store shelves following a...

Federal Court in NJ Dismisses Off-Label-Marketing Suit Against Schering-Plough

Posted on July 20, 2009
Article in AmLaw Litigation Daily -- Schering-Plough Wins Dismissal of 'Off-Label' Suit, by Ben Hallman. Here's an excerpt: A recent decision by a New Jersey federal court sets a tough standard for plaintiffs trying to piggyback on government investigations of...

Subprime Public Nuisance Case Rejected by Northern District of Ohio

Posted on July 20, 2009
Brian P. Brooks (O'Melveny & Myers) has published his article, Public Nuisance Litigation Against Subprime Industry Hits Roadblock in Cleveland, in the July Issue of the Federalist Society's Engage. BGS

The Law of the Banana, Part II

Posted on July 15, 2009
Article in the Los Angeles Times -- Pesticide cases could be upended, by Victoria Kim and Alan Zarembo. Here's an excerpt: The unraveling of multimillion-dollar Los Angeles cases alleging that Nicaraguan men had been sterilized by pesticide exposure is now...

Latest Use of Bellwether Trials

Posted on July 07, 2009
Bellwether trials are gaining popularity, particularly in Louisiana. After Judge Fallon used the trials to help establish settlement values in the Vioxx litigation, Judge Kurt D. Engelhardt is proposing their use in the litigation over formaldehyde-laden FEMA trailers (FEMA Trailer...

Certification Denied in St. Jude Heart Implant MDL

Posted on July 06, 2009
The U.S. District Court for the District of Minnesota recently issued a ruling denying a third attempt at class certification in a consumer fraud MDL alleging material omissions by a manufacturer of a heart valve whose product was found to...

Douglas Smith on Preemption After Wyeth v. Levine

Posted on July 05, 2009
Douglas Smith (Kirkland & Ellis) has posted on SSRN his article, Preemption After Wyeth v. Levine, Ohio St. L.J. (forthcoming 2009). Here's the abstract: This Article addresses the Supreme Court?s recent preemption decision in Wyeth v. Levine. In Wyeth, the...

Robert Rabin on Conflicting Conceptions of Tort Preemption

Posted on July 05, 2009
Professor Robert Rabin (Stanford) has posted on SSRN his article, Territorial Claims in the Domain of Accident Law: Conflicting Conceptions of Tort Preemption, Brook. L. Rev. (forthcoming 2009). Here's the abstract: Beginning in 1992, with the landmark decision in Cipollone...

Cert denied in 9/11 Saudi Liability Case

Posted on June 30, 2009
The Supreme Court yesterday denied certiorari in Burnett v. Al Baraka, in which plaintiffs sought to hold Saudi Arabia and the Saudi royal family liable for the September 11 terrorist attacks. The plaintiffs sought to establish liability by linking the...

Roche Pulls Accutane Off the Market

Posted on June 30, 2009
Roche notified the FDA today that it was pulling Acctane (an acne medicine) off the market. The company faces at least $33 million damage award from jury trials and faces around 5,000 personal injury claims. Michael Hook (an FSU grad...

Supreme Court Reaffirms Availability of Damages for Fear of Future Illness in Asbestos Cases

Posted on June 29, 2009
In CSX Transportation, Inc. v. Thurston Hensley, the Supreme Court addressed the question of whether a former railroad worker who contracted astestosis after long-term exposure to asbestos on the job could recover damages for pain and suffering under the Federal...

Interesting Cases in this BNA Class Action Litigation Report Released Today

Posted on June 26, 2009
Some of the highlights include: Class members may sue an attorney who altered a class settlement in a smokeless tobacco class action without first notifying class members, the Fourth Circuit held in an unpublished opinion (Martin v. Ball, 4th Cir.,...

The GM Reorganization and Product Liability Claims

Posted on June 26, 2009
Article in the Wall Street Journal -- Car Liability, Dealers Pose New Hurdles For GM Plan, by Mike Spector and Jeffrey McCraken. Here's an excerpt: The U.S. Treasury Department is negotiating with more than a dozen state attorneys general to...

NTSB Finds Identifies Two New Instances of Airbus-Sensor Problems

Posted on June 26, 2009
Article in the Wall Street Journal -- Safety Board Cites Two New Reports of Problems With Airbus Sensors, by Andy Pasztor. Here's an excerpt: U.S. air-crash investigators are looking into two recent incidents in which they believe Airbus A330 jetliners...

Nestle Not Completely Cooperative with FDA Inspections Prior to E. Coli Outbreak

Posted on June 26, 2009
Article in the Wall Street Journal -- Nestl� Unit Denied FDA Requests, by Jane Zhang. Here's an excerpt: The Nestl� USA plant at the center of a federal probe into an E. coli outbreak involving cookie dough refused to give...

Exxon to Bear Its Own Costs in Punitive Damages Case

Posted on June 23, 2009
BNA Law Week reports that the 9th Circuit has held that each party must bear its own costs in the Exxon punitive damages litigation. (Baker v. Exxon Mobil Corp. (In re Exxon Valdez), 9th Cir., No. 04-35182, 6/15/09). The costs...

A Collective Solution to the Subprime Mortgage Disaster

Posted on June 22, 2009
Ray Brescia (Albany Law School) has posted an article entitled, Tainted Loans: The Value of a Mass Torts Approach in Subprime Mortgage Litigation, advocating the employment of techniques such as class actions, consolidation of related cases, and global settlements for...

President Obama Signs Tobacco Bill Giving FDA Oversight

Posted on June 22, 2009
Article on cnn.com -- Obama signs bill putting tobacco products under FDA oversight. Here's an excerpt: President Obama signed landmark legislation Monday giving the Food and Drug Administration new power to regulate the manufacturing, marketing and sale of tobacco...

Sherman on Aggregate Litigation

Posted on June 19, 2009
Edward Sherman (Tulane) one of the most experienced scholars in the area of complex litigation has posted "An MDL Model for Resolving Complex Litigation if a Class Action Is Not Possible" on SSRN. The piece was published in Tulane Law...

Geistfeld on Products Liability and Consumer Choice

Posted on June 19, 2009
Mark Geistfeld (NYU) has posted an article entitled "The Value of Consumer Choice in Products Liability" on SSRN. I always learn from his work. Here is the abstract: Tort law has always recognized the principle expressed by the Latin maxim...

Shell Settles Nigerian Human Rights Case for $15.5 Million

Posted on June 10, 2009
Article on cnnmoney.com -- Shell pays $15.5M in Nigeria suit: Oil company settles a claim that it violated human rights leading to the killings of a famous writer and other activists in 1995. Here's an excerpt: Shell has agreed to...

Tobacco Bill Giving FDA Regulatory Authority Progresses in Senate

Posted on June 09, 2009
As a follow-up to Byron's earlier post on the pending bill to give the FDA regulatory authority over tobacco products, here's a link to the Associated Press story and to the bill itself. The bill responds to the Supreme Court's...

Cert Granted in Jurisdiction Case

Posted on June 08, 2009
The Supreme Court granted cert today in Hertz v. Friend, No. 08-1107. The question presented is what test applies for purposes of determining a corporation's principal place of business for diversity jurisdiction citizenship under 28 U.S.C. � 1332: the "place...

Motion to Dismiss Denied In 9/11 First Responders Litigation

Posted on June 08, 2009
The motion was made by two defendants in reliance on Bell Atlantic v. Twombly. Judge Hellerstein's denial of the motion can be found here.

NIH Study Questions Benefits of Stents and Diabetes Drugs Avandia and Actos

Posted on June 08, 2009
Article in the Wall Street Journal -- Diabetes Study Questions Expensive Treatments: NIH Finds Patients With Heart Disease Fare Equally Well Without Stents and Drugs Such as Avandia, Actos, by Keith J. Winstein. Here's an excerpt: Aggressive use of expensive...

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