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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

Mnookin on Idealizing Science and Demonizing Experts

Posted on March 28, 2008
Jennifer Mnookin (UCLA) has just posted an article on SSRN entitled "Idealizing Science and Demonizing Experts: An Intellectual History of Expert Evidence," 52 Villanova L. Rev. (2007). The Article provides some much needed perspective on the role of science in...

ABA Teleconference on Communicating with Class Members

Posted on March 28, 2008
On May 20, the ABA Class Action and Derivative Suits Committee will host a teleconference CLE program on communicating with class members. I?ll be on the panel along with Lisa Rodriguez and Chris Murphy. Here?s the pertinent information from the...

FDA Proposes Guidelines for Drug-Coated Stents

Posted on March 27, 2008
Article in the Wall Street Journal -- FDA Proposes Stent Guidelines, by Jennifer Levitz. Here's an excerpt: The Food and Drug Administration proposed tougher clinical-trial guidelines for drug-coated stents in response to concerns about blood clotting in the artery-opening devices...

FDA Drug Approval Near Deadline Linked to Safety Problems

Posted on March 27, 2008
Article in the Wall Street Journal -- Late Drug Approval Linked To Safety Issues, by Keith J. Winstein. Here's an excerpt: Although every unsafe drug is different, most of them have something in common: last-minute approvals by the Food and...

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Transparency in the Court System

Posted on March 27, 2008
Lynn LoPucki (UCLA) has recently posted an article entitled "Court Transparency" on SSRN. This article discusses an issue that will be increasingly important, the availability of filings and other court data maintained electronically to the general public and to scholars...

Plaintiffs' Attorneys Mass Tort Conference

Posted on March 26, 2008
Mass Tort plaintiffs? attorneys are hosting a conference in Las Vegas on April 10-11 titled "Mass Torts Made Perfect." Topics include Vioxx, Paxil, preemption, Ortho Evra, Heparin, Fosamax, and Accutane. Speakers include a number of prominent plaintiffs? attorneys as well...

GM Receives Preliminary Settlement Approval in Nationwide Auto-Repair Litigation

Posted on March 26, 2008
The Recorder reports that Alameda County Superior Court Judge Robert Freedman has preliminarily approved a 49-state class action settlement between General Motors and plaintiffs over auto repairs. The settlement is worth approximately $150 million to car owners even though it...

Lilly Settles with the State of Alaska over Zyprexa Claims

Posted on March 26, 2008
Rather than proceed with trial, Eli Lilly has entered into a $15 million settlement with the State of Alaska in the State?s Medicaid lawsuit over Zyprexa. The State?s suit involved claims that it had to pay for treatment of Zyprexa-related...

Pfizer Denied Discovery of JAMA Confidential Peer-Reviewer Comments in Celebrex and Bextra Litigation

Posted on March 25, 2008
As the Wall Street Journal reports -- see Pfizer Is Denied Access to JAMA Files, by Thomas M. Burton -- a magistrate judge in federal district court in Chicago has denied Pfizer's request to obtain confidential JAMA peer-reviewer comments in...

Pthalates in Toys

Posted on March 25, 2008
The PBS show NOW aired a segment about pthalates which are a chemical found in many toys and other soft plastic goods made of PVC plastic. You can access the show here. The EU has banned these substances in toys...

Punitive Damages and the World

Posted on March 25, 2008
Interesting article by Adam Liptak in tomorrow's New York Times -- Foreign Courts Wary of U.S. Punitive Damages -- as part of the series on the American legal system in comparative perspective. The main point of the story is the...

Heparin Recall Because of Potentially Dangerous Contaminant

Posted on March 24, 2008
Article in the Wall Street Journal -- Another Company Recalls Blood Thinner Heparin, by the Associated Press. Here's an excerpt: A manufacturer of the blood thinner heparin initiated a nationwide recall Friday because some products may contain a potentially dangerous...

Behrens, Sebok on Nagareda's Mass Torts in a World of Settlement

Posted on March 24, 2008
Mark Behrens of Shook, Hardy & Bacon has a short book review of Professor Richard Nagareda's Mass Torts in a World of Settlement in the Federalist Society's February issue of Engage. Prior posts on Professor Nagareda's book are here (see...

Interview with Richard Nagareda on Mass Torts in a World of Settlement

Posted on March 24, 2008
This blog has featured Richard Nagareda (Vanderbilt)'s new book Mass Torts in a World of Settlement in a previous post. Here is an interview of Nagareda sent to me by Rodger Citron (Touro) that may interest our readers: Vanderbilt Law...

Van Houtte & Yi on Mass Claims Relating to Wartime Property Loss

Posted on March 24, 2008
Hans van Houtte (Katholieke Universiteit Leuven) and Iasson Yi have recently posted "Due Process in International Mass Claims" on SSRN. The article is published in 1 Erasmus Law Review (2008). The paper catalogs recent settlements of litigation arising out of...

Brickman on Fraudulent Claims

Posted on March 24, 2008
Lester Brickman (Cardozo) recently updated an article on fraudulent claims in the asbestos context on SSRN. The title is "Disparities Between Asbestosis and Silicosis Claims Generated by Litigation Screenings and Clinical Studies." The article was published in the Cardozo Law...

Spiriva Respiratory Drug May Have Stroke Risk

Posted on March 24, 2008
Article from the March 18 Wall Street Journal -- Boehringer Inhaler Might Pose Higher Stroke Risk, FDA Says, by Jennifer Corbett Dooren. Here's an excerpt: The Food and Drug Administration said Tuesday it is opening a safety review of Boehringer...

Stanford's Global Class Action Clearinghouse Website

Posted on March 20, 2008
As a follow-up to the Globalization of Class Actions Conference in Oxford last December, Stanford has launched the Global Class Actions Clearinghouse Website. As Deborah Hensler writes, "[W]e hope [this website] will also become a repository for statutes, rules and...

Philadelphia Asbestos Verdict - $25.2 million

Posted on March 20, 2008
The Legal Intelligencer reports that after a reverse-bifurcated trial, a Philadelphia jury awarded $25.2 million in compensatory and punitive damages to compensate for malignant mesothelioma deaths. Plaintiffs in the three cases requested Kentucky law; two settled after the compensatory damage...

Sunshine in Litigation Act

Posted on March 17, 2008
According to the New York Times, the Senate Judiciary Committee has approved a bipartisan Sunshine in Litigation Act bill "that would require federal judges to consider public health and safety before granting protective orders, sealing court records, or approving a...

Drug Import Safety and the FDA

Posted on March 17, 2008
A New York Times Article by Gardiner Harris published today highlights the problems in FDA monitoring of imported drugs due largely to lack of funding. The article is available here. The bottom line is this: The Institute of Medicine, the...

W.R. Grace Foots the Bill for Montana Asbestos Clean-up

Posted on March 12, 2008
Susan Gallagher of the Associated Press reports that W.R. Grace & Co. agreed to pay $250 million toward asbestos clean-up in Libby, Montana. The full story is available online; here?s a brief excerpt: More than 215 asbestos-related deaths in Libby...

FDA's Controversial Role

Posted on March 12, 2008
Today?s Wall Street Journal has another piece on potential further restrictions on anemia drugs sold by Amgen, Inc. and Johnson & Johnson (see Byron?s post for the earlier article). This piece highlights the FDA?s controversial nature. Here?s an excerpt: Last...

Zyprexa Hearings Broadcasted

Posted on March 12, 2008
A short order by Judge Weinstein in the Zyprexa MDL on March 11, 2008, permitted cameras and recording equipment during the upcoming March 20 hearing. Here?s a brief excerpt of Judge Weinstein?s order: Video broadcasts assist in opening the courts...

Conference: Justice and the Role of Class Actions

Posted on March 12, 2008
Cardozo Law School in New York is hosting a conference on Friday, March 28 entitled "Justice and the Role of Class Actions." The organizers describe the conference as follows: For too long, coverage of class action litigation has understated or...

Parties in Pet Food Litigation Near Settlement

Posted on March 09, 2008
New Jersey Law Journal reports that parties are close to settling the multi-district litigation against Menu Foods for injuries resulting from its contaminated pet food. Here?s an excerpt: On Feb. 19, the U.S. Judicial Panel on Multidistrict Litigation consolidated suits...

Government Report Says U.S. Soldiers in Iraq Sickened at Bases With Questionable Water Supplied By Contractor

Posted on March 09, 2008
Article on cnn.com -- Troops sickened at Iraq bases using KBR water, by the Associated Press. The story evokes memories of the Agent Orange class action litigation involving Vietnam Veterans suing for illnesses allegedly caused by exposure to the Agent...

FDA Adds Additional Black-Box Warnings to Anemia Drugs

Posted on March 09, 2008
Article in the Wall Street Journal -- FDA Adds More Black-Box Warnings To Anemia Drugs From Amgen, J&J, by the Associated Press. Here's an excerpt: Drug maker Amgen Inc. says regulators have added new warnings about risks of death and...

The Law of Unintended Concequences: Warner Lambert v. Kent

Posted on March 06, 2008
The folks over at Drug and Device Law Blog make an excellent observation about the 4-4 decision in Warner-Lambert v. Kent. Here's the idea: Pharmaceutical litigation often results in masses of cases being filed. When there are many cases that...

New Malingerer Pyschological Test Used and Challenged in Personal-Injury Cases

Posted on March 05, 2008
Article in the Wall Street Journal -- Malingerer Test Roils Personal-Injury Law: 'Fake Bad Scale' Bars Real Victims, Its Critics Contend, by David Armstrong. Here's an excerpt: A test designed to expose fakers is roiling the field of personal-injury law,...

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