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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

Martin Redish on Wholesale Justice

Posted on December 24, 2008
Martin Redish (Northwestern) has a new book on class actions titled Wholesale Justice that will be published in May with the Stanford University Press. Here's the description: In recent years, much political and legal debate has centered on the class...

FDA to Reconsider Safety of Plastic Bottles

Posted on December 23, 2008
From tomorrow's New York Times. The FDA has decided to reconsider the dangers posed by bisphenol-A (BPA), a chemical found in plastic bottles, the linings of metal cans, and other often used household products after an FDA advisory committee on...

Court Exposes Questionable Asbestos Expert Diagnoses

Posted on December 23, 2008
Echoing the shot heard round the world -- Judge Jack's opinion exposing systemic misdiagnoses by plaintiffs' experts in the silica litigation -- a Michigan state judge has now found a similar pattern of plaintiff-expert misdiagnoses in the asbestos litigation...

Mel Weiss Disbarred

Posted on December 22, 2008
Here's an excerpt from In re Weiss, 2008 N.Y. Slip. Op. 09935 (App. Div. 1st Dep't Dec. 18, 2008) (h/t Overlawyered): Specifically, respondent admitted that beginning around the 1970's and continuing at least into 2005, he and other individuals at...

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Winston Strawn's Bradley Lerman to Become Pfizer's Senior VP of Litigation

Posted on December 22, 2008
As reported by the Wall Street Journal Law Blog and on Yahoo Finance. BGS

Legal Moves Post Altria Preemption Ruling

Posted on December 22, 2008
Article in the Wall Street Journal -- Altria Ruling Ignites Legal Moves, by Brent Kendall. Here's an excerpt: The Supreme Court's ruling last week allowing smokers in Maine to sue Altria Group Inc.'s Philip Morris unit for allegedly deceptive advertising...

Investigational Devices and Preemption

Posted on December 21, 2008
Drug & Device Law discusses recent decisions on this issue after Riegel. BGS

Welcome to Constitutional Law Prof Blog

Posted on December 20, 2008
A belated welcome to Constitutional Law Prof Blog, a recent member of the Law Prof Blogs Network. The blog is edited by Professors Steven Schwinn (John Marshall), Ruthann Robinson (CUNY), and Nareissa Smith (Florida Coastal). Here's a recent preemption post...

Personal Injury Blog Roundup

Posted on December 20, 2008
Extensive roundup of personal-injury blog posts on Torts Prof Blog. BGS

Lars Noah on Duty of Product Stewardship

Posted on December 18, 2008
Professor Lars Noah (Florida; picture left) has posted on SSRN his article, Platitudes About 'Product Stewardship' in Torts: Continuing Drug Research and Education, Mich. Telecomm. Tech. L. Rev. (forthcoming 2009). (H/t Torts Prof Solum/Legal Theory...

Altria v. Good: First Mass Tort Ruling of the Obama Era?

Posted on December 16, 2008
Yesterday, the Supreme Court ruled in Altria Group v. Good that the federal cigarette labeling statute does not preempt claims that tobacco companies violated state consumer protection laws in their marketing of light cigarettes. Here's the Supreme Court's opinion...

Analysis of the Latest Williams Tobacco Appeal to the Supreme Court

Posted on December 15, 2008
Adam Liptak of the New York Times breaks down the issues in Justices Look Anew at Case in Which Oregon Court Has Twice Rebuffed Them. Here's an excerpt: The United States Supreme Court takes its name seriously, and it expects...

Tom Baker on Liability Insurance at the Tort-Crime Boundary

Posted on December 15, 2008
Professor Tom Baker (University of Pennsylvania) has posted on NELLCO his manuscript, Liability Insurance at the Tort-Crime Boundary. Here's the abstract: This essay explores how liability insurance mediates the boundary between torts and crime. Liability insurance sometimes separates these two...

Supreme Court to Hear Asbestos-Related Suit

Posted on December 15, 2008
The Supreme Court granted cert today on whether a federal bankruptcy court can block private suits seeking damages for injury and death caused by asbestos. The consolidated cases are Travelers Indemnity v. Bailey, et al. (08-295) and Common Law Settlement...

Samuel Issacharoff on Private Claims & Aggregate Rights

Posted on December 15, 2008
Professor Samuel Issacharoff (NYU) has posted on NELLCO his manuscript, Private Claims, Aggregate Rights, which is forthcoming in the Supreme Court Review. Here's the abstract: In an odd set of procedure opinions last Term, the Supreme Court found itself confronted...

The Mass Tort Reward: Miley Cyrus

Posted on December 15, 2008
E!online reports that Mark Lanier, of Vioxx litigation fame, hired Miley Cyrus to play his firm's holiday party, which included 7,000 guests. No word on whether Cyrus's father, country singer Billy Ray Cyrus, lead the Vioxx plaintiffs in a chorus...

Supreme Court Allows Light Cigarette Case

Posted on December 15, 2008
Wow. The Supreme Court today allowed smokers to sue tobacco companies under state consumer protection statutes for deceptive promotion of "light" and "low tar" cigarettes. In Altria Group v. Good, the Court rejected the defendants' argument that federal law on...

CAFA's Local Class Action Exception

Posted on December 13, 2008
BNA reports that a class action for medical monitoring and other state law claims concerning mold was remanded to state court under the exception set forth in 28 U.S.C. 1332(d)(3) which provides that if the primary defendant and between 1/3...

Possible Candidates to Head FDA

Posted on December 12, 2008
Article in the Wall Street Journal -- Critics Top Shortlist for FDA Head, by Alicia Mundy. Here's an excerpt: A doctor who once denounced Pfizer Inc. for holding a marketing event in a pool hall is leading President-elect Barack Obama's...

Moller on CAFA and Diversity Jurisdiction

Posted on December 11, 2008
Mark Moller, of DePaul University College of Law, has posted "A New Look at the Original Meaning of the Diversity Clause" on SSRN. Here's the abstract: The 2005 Class Action Fairness Act, which allows federal courts to exercise diversity jurisdiction...

Metrolink Chief's Conduct Before and After Crash

Posted on December 11, 2008
Article in the L.A. Times -- Crash thrusts Metrolink chief into the unwelcome limelight, by Jeff Gottlieb. Here's an excerpt: He is one of those well-paid technocrats who makes sure things run smoothly, someone few people have heard of but...

Monestier on Canadian Class Actions

Posted on December 09, 2008
Tanya Monestier of Queen's University has posted her article, Personal Jurisdiction Over Non-Resident Plaintiffs in Multi-Jurisdictional Class Actions: Have We Gone Down the Wrong Road?, on SSRN. Here's the abstract: Canadian courts have recently been struggling with the question of...

Resnik on CAFA

Posted on December 09, 2008
Judith Resnik recently posted her article, Lessons in Federalism from the 1960s Class Action Rule and the 2005 Class Action Fairness Act: 'The Political Safeguards' of Aggregate Translocal Actions, on SSRN. It recently appeared in the Pennsylvania Law Review...

Lorillard Tobacco Company on Liberty in America -- Including Liberty to Re-Start Litigation Against Itself?

Posted on December 09, 2008
Interesting paid-advertisement op-ed by Lorillard Tobacco Company in the Opinion section of today's Wall Street Journal. Unfortunately, I can't find the ad online, so I'll have to type from my paper copy. The headline is "No Choice, No Freedom." Lorillard...

Paul Howard & Marie Gryphon on FDA Preemption of Tort Lawsuits

Posted on December 07, 2008
Paul Howard and Marie Gryphon, both of the Manhattan Institute, wrote an editorial, Manhattan Moment: The right prescription for drug safety, in the Examiner. (H/t to Point of Law.) BGS

Jones Day's Robert Mittelstaedt and Chevron Case Involving Nigerian Plaintiffs Under Alien Tort Claims Act

Posted on December 07, 2008
AmLaw Daily profiles the Chevron jury verdict win obtained by Robert Mittelstaedt. (H/t to Point of Law.) BGS

FJC Interim Report on CAFA Effect

Posted on December 06, 2008
The Federal Judicial Center has released Impact of the Class Action Fairness Act on the Federal Courts: Preliminary Findings from Phase Two's Pre-CAFA Sample of Diversity Class Actions. Download cafa1108.pdf (H/t to Civil Procedure Prof Blog.) BGS

Exxon Makes First Payments to Valdez Spill Plaintiffs

Posted on December 06, 2008
Article in the L.A. Times -- Exxon Valdez victims receive first payments, by Kim Murphy. (H/t to Torts Prof Blog.) Here's an excerpt: Reporting from Cordova, Alaska -- A little less than 20 years ago, Mike Webber was king of...

Effect of Expected or Pending FDA Preemption Legislation on Litigation

Posted on December 06, 2008
Beck/Herrmann at Drug and Device Law briefly reject the litigation relevance of legislation until it's passed. BGS

Varying Congressional Views on New FDA Head

Posted on December 05, 2008
Article in the Wall Street Journal -- Lawmakers Divided Over Next FDA Head, Fixing Safety Issues, by Alicia Mundy. Here's an excerpt: A top House Democrat is asking President-elect Barack Obama to avoid naming any current officials of Food and...

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