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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

Supreme Court Decides Wyeth v. Levine

Posted on March 04, 2009

Libby, Montana Asbestos Criminal Trial Begins

Posted on March 02, 2009

ABA Section of Litigation Annual Conference

Posted on March 02, 2009

Symposium on "Against Settlement"

Posted on February 23, 2009
The Fordham Law Review presents a one-day symposium, "Against Settlement: Twenty-Five Years Later," looking back at Owen Fiss's classic argument in favor of adjudication -- Against Settlement, 93 Yale L.J. 1073 (1984) -- from the perspective of 2009. For those...

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Eric Lasker on Wyeth v. Levine Oral Argument

Posted on February 22, 2009
Eric Lasker (Spriggs & Hollingsworth) has published Oral Argument in Wyeth v. Levine Marks Change in Drug Litigation Preemption Debate in the February 2009 issue of Engage. BGS

Flight 3407 Lawsuits and the Ethics of Client Solicitation

Posted on February 19, 2009
Litigation over Continental Flight 3407, which crashed near Buffalo last week, is inevitable. But for lawyers interested in representing the plaintiffs, New York's new ethics rules on lawyer advertising and solicitation impose a significant constraint...

En Banc Rehearing in Dukes v. Wal-Mart

Posted on February 19, 2009
On Friday, the 9th Circuit granted a rehearing en banc in Dukes v. Wal-Mart, an enormous and long-running Title VII sex discrimination class action. Plaintiffs filed the case in 2001, contending that Wal-Mart discriminated against women in pay and promotions...

$8 Million Verdict in First Post-Engle Florida Tobacco Trial

Posted on February 19, 2009
A Florida jury yesterday awarded $8,000,000 ($3 million compensatory plus $5 million punitive damages) to the family of a smoker who died of lung cancer. The case, Hess v. Philip Morris, was the first of 8,000 individual cases that may...

Wake Forest Symposium on the Third Restatement of Torts

Posted on February 17, 2009
Wake Forest University School of Law is hosting A Symposium on the Third Restatement of Torts on April 2-3, 2009 in Winston-Salem, North Carolina. The symposium has assembled a remarkable list of speakers. BGS

Roderick Hills and Catherine Sharkey on Preemption

Posted on February 11, 2009
The Fall 2008 NYU Law School magazine includes A Presumption Against Preemption, by Professor Roderick Hills (NYU), and A Model for Products Liability Preemption, by Professor Catherine Sharkey (NYU). (Scroll down the .pdf link to page 60 for the Hills...

Albany Law School Symposium on Off-Label Prescription of Drugs

Posted on February 11, 2009
Albany Law School is hosting a symposium entitled, Regulating the Cure: Topics Arising Out of the Prescription of Drugs Off-Label, in Albany, New York on Friday, March 27, 2009. Papers will subsequently be published in the Albany Law Journal of...

Peanut Company Officials Take 5th Amendment Self-Incrimination Protection Before Congress

Posted on February 11, 2009
Article on cnn.com -- Peanut company officials spurn Congress' questions. Here's an excerpt:The president of a peanut company and a plant manager accused of knowingly distributing contaminated food refused to answer questions posed by members of Congress on Wednesday, citing...

Should Chief Justice Roberts Excuse Himself from Wyeth?

Posted on February 10, 2009
Tony Mauro, from the Legal Times, points out that Chief Justice John Roberts owns Pfizer stock and questions whether Roberts should recuse himself from the Wyeth case now that Pfizer is acquiring Wyeth. Here's an excerpt:Chief Justice John Roberts Jr...

Beijing Hotel Fire

Posted on February 09, 2009
A fire destroyed the Mandarin Oriental Hotel in Beijing today. According to news accounts (here and here), the fire occurred in the final hours of the lunar new year celebration, as fireworks lit up the Beijing sky. Thankfully, the hotel...

Richard Epstein and Rick Hills Debate When FDA Regulation Should Preempt State Tort Liability

Posted on February 08, 2009
Professor John McGinnis (Northwestern) is moderator for a January 9, 2009 Federalist Society debate between Professors Richard Epstein (Chicago) and Rick Hills (NYU) on When Should FDA Regulation Preempt State Tort Liability. I attended, enjoyed the debate, and asked a...

Gardasil's Adverse Effects

Posted on February 06, 2009
A report on CBS this evening interviewed several young girls and their families who reported serious side effects from taking Merck's Gardasil. The effects ranged from seizures, to heart problems, to death. The CDC's report on side effects indicates that:...

Southwestern University Law Review Asbestos Symposium Issue

Posted on February 05, 2009
The Southwestern University Law Review has published its issue in connection with the symposium, Perspectives on Asbestos Litigation, which Professor Alan Calnan and I co-chaired here at Southwestern Law School on Friday, January 18, 2008. Here are the articles contained...

Will Pfizer's Purchase of Wyeth Affect SCOTUS' Preemption Ruling This Term?

Posted on February 05, 2009
According to Richard Arsenault - a plaintiff's-side lawyer specializing in complex litigation, pharma and mass torts - Wyeth has filed a letter alerting the Court to the fact that Pfizer is taking over Wyeth. See HME's post on the takeover...

The Hartford Files a Declaratory Judgment Action Against Peanut Corp. of America

Posted on February 04, 2009
Illustrating another angle in the complicated relationship between insurance and mass torts, the Hartford has filed a declaratory judgment action against the Peanut Corporation of America, presumably to avoid paying out on claims arising out of the spate of lawsuits...

Jonathan Macey and Geoffrey Miller on Judicial Review of Class Action Settlements

Posted on February 04, 2009
Professors Jonathan Macey (Yale) and Geoffrey Miller (NYU) have co-authored Judicial Review of Class Action Settlements, which has been published in the new, on-line, peer-reviewed Journal of Legal Analysis. Here's the abstract:This article proposes a simple and coherent approach to...

Bruce Mandel and James Kline on Ohio Supreme Court's Greater Deference to Legislative Tort Reform

Posted on February 04, 2009
Bruce Mandel and James Kline (both of Ulmer & Berne) list the areas of greater deference in their Washington Legal Foundation paper, Recent Ohio High Court Rulings Reflect Respect for Legislature's Role in Making Tort Law. BGS

Judge Grants Summary Judgment Against Two Seroquel Plaintiffs

Posted on February 04, 2009
So reports Andrew Longstreth of American Lawyer. BGS

Class Actions 101

Posted on February 03, 2009
Nice, short backgrounder on class actions in the ABA Litigation News -- Class Actions 101: What Are These Lawsuits All About, Anyway?, by Julie Cantor (Munger Tolles). BGS

California Supreme Court Requires Damages as Requirement for Bringing Claim Under Consumer Legal Remedies Act

Posted on February 01, 2009
Jackson on Consumer Class Actions & Mass Torts dissects the case, Meyer v. Sprint Spectrum L.P., 2009 WL 197560 (Cal. Jan. 29, 2009). BGS

Symeon Symeonides on Choice of Law in Cross-Border Torts

Posted on February 01, 2009
Dean Symeon Symeonides (Willamette; picture, left) has posted an article on SSRN -- Choice of Law in Cross-Border Torts. (H/t to Civil Procedure Prof Blog.) Here's the abstract: This Article is the first comprehensive study of how American courts have...

Pennsylvania Supreme Court Considering Appropriateness of State's Hiring of Contingency Fee Lawyers

Posted on February 01, 2009
...in connection with alleged off-label promotions of Risperdal-manufacturer Janssen Pharmaceuticals, as reported by Drug & Device Law. BGS

South Carolina Senate Considers Tort Reform Bill

Posted on February 01, 2009
The Charleston Regional Business Journal reports the bill includes limits on punitive and noneconomic damages, class-action reform, and limits bond requirements to appeal extremely large verdicts. (H/t to Torts Prof Blog.) BGS

Upcoming American Association of Justice Meeting

Posted on February 01, 2009
Point of Law discusses possible litigation developments involving AAJ's Litigation Groups for product liability and class actions. BGS

Erin Glenn Busby on Wyeth v. Levine

Posted on January 31, 2009
In a Federalist Society SCOTUScast, appellate lawyer Erin Glenn Busby discusses Wyeth v. Levine, the pending Supreme Court case involving whether state tort lawsuits are preempted by FDA approval of prescription-drug labeling. BGS

American Pipe tolling in mass torts

Posted on January 29, 2009
Interesting post yesterday at the Drug & Device Law Blog arguing that the American Pipe tolling rule does not make sense in the mass tort context, and praising Beisner and Miller for their arguments along the same lines. In 1974,...

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