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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

Interested in Food Poisoning?

Posted on October 20, 2008
Bill Marler, a leading plaintiff-side attorney specializing in food poisoning litigation has this fascinating blog providing commentary about his work and related subjects: http://www.marlerblog.com/ I saw him speak at the recent Class Actions/Mass Tort symposium put on by the Louisiana...

Louisiana State Bar Association Mass Tort Symposium

Posted on October 20, 2008
Last Friday (October 19) I spoke at the Louisiana State Bar Association 8th Annual Class Action/Mass Tort Symposium. There were many interesting local, out of state and nationally recognized lawyers from this very active mass tort bar and the presentations...

Query on Message Boards for Group Litigation

Posted on October 17, 2008
While doing research for the successor to my piece on Procedural Justice in Nonclass Aggregation, I came across a comment to a Wall Street Journal article on Vioxx litigation that referred me to a member's only Yahoo! group discussing Merck's...

Anderson on Defendant's Incentives for Confidential Mass Tort Settlements

Posted on October 17, 2008
James Anderson of RAND has posted his latest working paper titled "Understanding Mass Tort Defendant Incentives for Confidential Settlements: Lessons from Bayer's Cerivastatin Litigation Strategy." Here's the abstract: Settlement agreements that require a plaintiff not to disclose or publicize any...

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Antony Klapper on Causation in Toxic Tort Cases

Posted on October 15, 2008
The Washington Legal Foundation has published a Contemporary Legal Note, Causation In Court: Working Principles For Toxic Tort Cases, by Antony Klapper (Reed Smith; picture, left). BGS

Putting Lives Back Together After the Metrolink Crash

Posted on October 15, 2008
The Ventura County Star has an article, Oak Park man focuses on the positive after surviving Metrolink crash: Though seriously hurt, he says he's 'fortunate to have survived,' by Kitty Dill. Here's an excerpt: Michael R. McReynolds considers himself lucky...

D.C. Circuit Critical of RICO Expansion

Posted on October 15, 2008
Mike Scarcella has an article today in the Legal Times that provides the latest report on Big Tobacco's oral argument before the D.C. Circuit. Here's an excerpt: Sentelle and Tatel -- who dominated the nearly three hours worth of argument,...

Vioxx Litigation Update

Posted on October 14, 2008
The National Law Journal reported last week on the Vioxx litigation in an article titled "Persistence Pays in Vioxx Litigation." (Oct. 6, 2008 at S3). It quoted Tom Girardi, who filed the first Vioxx case, as noting that the lesson...

J&J Pays $68.7 Million to Settle Hundreds of Orthro-Evra Cases

Posted on October 13, 2008
Article in AmLaw Daily -- Ortho Evra Settlements Quicken Ahead of SCOTUS Preemption Review, by Brian Baxter. Here's an excerpt: Bloomberg reported on Friday that Johnson & Johnson has paid roughly $68.7 million to settle hundreds of lawsuits filed by...

Philip Morris Brings First Amendment Challenge Against San Francisco Ban on Selling Cigarettes in Drug Stores

Posted on October 13, 2008
Article in AmLaw Daily -- Munger Reps Philip Morris in Unprecedented Tobacco Sales Ban Case, by Zach Lowe. Here's an excerpt: In 2001 the U.S. Supreme Court upheld the right of tobacco companies to advertise in stores over the objections...

12th Annual ABA National Institute on Class Actions

Posted on October 09, 2008
The 12th Annual ABA National Institute on Class Actions, which is being co-sponsored by the Mass Torts Committee, will take place on November 7, 2008 in New York City at the Marriott Downtown Hotel. Speakers include Judges Fred Biery (W.D....

Lilly Settles Zyprexa Marketing Claims with States for $62 Million

Posted on October 08, 2008
Article in the New York Times -- 33 States to Get $62 Million in Zyprexa Case Settlement, by Alex Berenson. Here's an excerpt: Eli Lilly has agreed to pay $62 million to 33 states to settle claims that it improperly...

Mark Geistfeld on Tort Law

Posted on October 08, 2008
Professor Mark Geistfeld (NYU; picture left) has a new book, Tort Law: The Essentials (Aspen 2008). BGS

Procedural Justice in Nonclass Aggregation

Posted on October 07, 2008
I've just posted my most recent paper, Procedural Justice in Nonclass Aggregation, on SSRN. Here's the abstract: Nonclass aggregate litigation is risky for plaintiffs: it falls into the gray area between individual litigation and certified class actions...

SCOTUS Hears Oral Argument in Altria Group v. Good

Posted on October 06, 2008
The Supreme Court of the United States today heard oral argument in Altria Group v. Good, a preemption case concerning light cigarettes. Here's an excerpt from an article on cnn.com: After turning away those cases and dozens of others that...

More on the Altria v. Good Oral Argument

Posted on October 06, 2008
An interesting analysis here on Scotusblog. The official transcript is available here. Some highlights of the Scotusblog analysis, by Lyle Denniston: The government sided with the plaintiffs on the implied preemption quesiton, but only on that question...

Impermissible Client Solicitation After Metrolink Crash in L.A.

Posted on October 05, 2008
Article in the L.A. Times -- Lawyers swoop in after the Metrolink crash, looking for clients: State bar officials cite possible professional sanctions, but the aggressive attorneys note that time is limited and the stakes are expected to be very...

FDA Says Small Amount of Melamine Not Harmful to Adults

Posted on October 05, 2008
Article on cnn.com -- FDA: Tiny amount of melamine not harmful to adults. Here's an excerpt: Eating a tiny bit of a melamine, the chemical responsible for a global food safety scare, is not harmful except when it's in baby...

Cadbury Recalls Candy Because of Melamine Contamination

Posted on October 05, 2008
Article on cnn.com -- 'High level of melamine' in two Cadbury products. Here's an excerpt: Hong Kong authorities Sunday announced that two recalled candy products made by British confectioner Cadbury had high levels of melamine. The industrial chemical has recently...

Markel on Punitive Damages

Posted on October 03, 2008
Dan Markel (Florida State) has two new articles that may be of interest: "How Should Punitive Damages Work?" and Retributive Damages: A Theory of Punitive Damages As Intermediate Sanction. Here is the abstract of the first piece: What are punitive...

Higher Class Certification Standards in the Second Circuit

Posted on October 03, 2008
Yesterday's New York Law Journal had an article detailing the higher threshold for class certification in the Second Circuit. Among the Second Circuit cases profiled were the 2006 In re IPO Securities Litigation decision and, more recently McLaughlin v...

Tom Cornford's Towards a Public Law of Tort

Posted on October 01, 2008
Professor Tom Cornford (Oxford) has published Towards a Public Law of Tort (2008). Here's the description: Presenting a new approach to the problem of public authority liability, this volume provides a theoretical foundation in the form of principles of administrative...

Magdalena Tulibacka on Product Liability Law in Transition

Posted on October 01, 2008
In 2009, Professor Magdalena Tulibacka (Oxford) will publish Product Liability Law in Transition: A Central European Perspective (Ashgate Publishing). Here's the description: This volume examines the evolution of Central European product liability regimes, with particular reference to the effect of...

Unilever Recalls Lipton Milk Tea After Finding Melamine

Posted on September 30, 2008
Article on cnn.com -- Manufacturing giant recalls melamine tainted tea. Here's an excerpt: Unilever is recalling four batches of Lipton Milk Tea sold in Hong Kong and Macau after finding traces of the chemical melamine in the product, the company...

Suffolk Law School Conference on Successful Strategies for Jury Trials

Posted on September 30, 2008
On Friday, October 24, 2008, Suffolk Law School will host a conference, Successful Strategies for Jury Trials. Speakers include Professors George Conk (Fordham), Valerie Hans (Cornell), Michael Rustad (Suffolk), Linda Sandstrom Simard (Suffolk), Gabriel Teninbaum (Suffolk), and Neil Vidmar (Duke)...

Drug and Device Law on Levine

Posted on September 23, 2008
Beck and Hermann have posted a link to and summary of the defendant's reply brief in Wyeth v. Levine. Click here for the post. ADL

Daubert Hearings at the Certification Stage

Posted on September 23, 2008
From the ABA Litigation Section news report, via Federal Civil Practice Bulletin: In what appears to be part of a trend across the country, a federal trial court in West Virginia has ordered a full, evidentiary Daubert hearing as part...

Duke Toxicology Conference

Posted on September 22, 2008
Duke University is hosting a conference this Friday, Sept. 26, 2008, on The Toxico-Legal Interface: Use of Toxicological Science in Regulation and Litigation. Co-sponsored by Duke Law School and Duke's Integrated Toxicology and Environmental Health Program, the agenda includes a...

NTSB Team Investigating L.A. Metrolink Crash

Posted on September 21, 2008
More on the Metrolink Train Crash from the L.A. Times -- NTSB team sorting out what happened in Metrolink crash, by Robert J. Lopez. Here's an excerpt: Engineer Robert M. Sanchez pulled Metrolink 111 out of the Chatsworth station and...

Class Actions in Australia and Finland

Posted on September 20, 2008
Peter Spender of Australian National University has written an article titled "The Class Action as Sheriff: Private Law Enforcement and remedial Roulette," which discusses class actions in Australia, Canada, and the U.S. Mikko Valimaki, of Helsinki University of Technology, has...

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