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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

Krueger and Serotta on Cy Pres Class Distributions

Posted on August 06, 2008
Editorial in the Wall Street Journal -- Our Class-Action System Is Unconstitutional, by George Krueger and Judd Serotta (both of Blank Rome). The editorial criticizes the cy pres method of distribution of class proceeds. Here's an excerpt: In our view,...

WSJ Editorial on Milberg

Posted on August 05, 2008
Editorial in the Wall Street Journal -- Justice and Milberg. Here's an excerpt: Poor Bernie Ebbers, the former WorldCom boss now serving a 25-year prison sentence. If he'd been a class-action lawyer, the former CEO might have ended up with...

Bauer on Secret Settlements

Posted on August 01, 2008
Jon Bauer (Connecticut) has recently posted an important article on SSRN on the ethics of settlements that impede other parties' access to evidence entitled "Buying Witness Silence: Evidence Suppressing Settlements and Lawyers' Ethics." This issue is relevant to the civil...

Effron on Disaster Specific Mechanisms for Consolidation

Posted on August 01, 2008
Robin Effron (Brooklyn Law) recently posted an article entitled "Disaster-Specific Mechanisms for Consolidation" on SSRN (and forthcoming in the Tulane L. Rev.). Here is the abstract: Within the past decade, two large scale catastrophes - the terrorist attacks of September...

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July 2008 Issue of Skadden's Class Action Chronicle

Posted on July 31, 2008
Skadden has posted the July 2008 issue of Class Action Chronicle, which includes several interesting, brief comments by Skadden lawyers, including Communicating Ethically with Class Members, by David Clancy; an interview with Raoul Kennedy on defending class action trials; and...

Anti-Tobacco Activist Dr. Richmond Dies at 91

Posted on July 30, 2008
Bruce Weber of the New York Times reports that Dr. Jules B. Richmond, known for founding Project Head Start and campaigning against the tobacco industry, died Sunday. Here's an excerpt: In his 80s, [Dr. Richmond] testified in two trials involving...

Ninth Circuit Overturns Sua Sponte Class Certification

Posted on July 29, 2008
Last week the Ninth Circuit overturned a district court judge's sua sponte class certification in Bonlender v. American Honda Motor Co., Inc., 2008 WL 2873264 (9th Cir. July 22, 2008). Apparently the district court failed to make any Rule 23(a)...

Part II of Catherine Sharkey on FDA Preemption of State Law Products Liability Claims

Posted on July 27, 2008
Part II of Professor Catherine Sharkey's essay, What Riegel Portends for FDA Preemption of State Law Products Liability Claims, has been posted on Northwestern Colloquy. BGS

Catherine Sharkey on FDA Preemption of State Law Products Liability Claims

Posted on July 21, 2008
Professor Catherine Sharkey (NYU) has published part I of her essay, What Riegel Portends for FDA Preemption of State Law Products Liability Claims, on Northwestern Colloquy, an extension of the Northwestern University Law Review. Here's an excerpt: When such policy...

Kevin Clermont on Litigation Realities

Posted on July 19, 2008
Professor Kevin Clermont (Cornell) has posted his forthcoming article, Litigation Realities Redux, on NELLCO/Bepress. Here's the abstract: Both summarizing recent empirical work and presenting new observations on each of the six phases of a civil lawsuit (forum, pretrial, settlement, trial,...

FDA Focuses on Hot Peppers in Salmonella Investigation, Lifts Tomato Warning

Posted on July 18, 2008
Article in the Wall Street Journal -- Hot Peppers Are Focus Of Salmonella Probe, by Jane Zhang. Here's an excerpt: The Food and Drug Administration declared tomatoes safe to eat, saying it is focusing on hot peppers in its hunt...

Climate Change and the Tort Paradigm

Posted on July 18, 2008
Can notions of corrective justice or distributive justice inform discussions of global warming? Is tort law helpful as a paradigm in which to resolve global warming concerns? Professors Eric Posner (Chicago; picture left) and Cass Sunstein (Harvard; picture right) probe...

Russell Jackson on Lead Paint Litigation

Posted on July 16, 2008
J. Russell Jackson (Skadden, Arps) has published Products Liability: Lead Paint Litigation in the National Law Journal. The article discusses the state of lead paint litigation after the Rhode Island Supreme Court's recent reversal of lead-paint nuisance claims...

Increase in Use of Drug-Coated Stents, Despite Past Safety Concerns

Posted on July 16, 2008
Article in the Wall Street Journal -- Use of Coated Stents on the Rise, by Keith J. Winstein. Here's an excerpt: Drug-coated heart stents, whose U.S. sales were hard hit over safety concerns in the past two years, appear to...

Mark Herrman on Alison Bass's Book, Side Effects

Posted on July 16, 2008
Book review in the Wall Street Journal -- The Plaintiff Was Unhappy, by Mark Herrman (of Jones Day and the Drug & Device Blog). Herrman is critical of the new book, Side Effects: A Prosecutor, a Whistleblower, and a Bestselling...

Kia Class Action Appealed to Pennsylvania Supreme Court

Posted on July 16, 2008
As reported by the Legal Intelligencer, the Pennsylvania Supreme Court has agreed to hear the following four issues from the Kia class action in Samuel-Bassett v. Kia Motors America, Inc.: whether the fact-specific claim that the class representative's brake express...

California Supreme Court to Review Punitive Damages Award in Ford Rollover Case

Posted on July 14, 2008
Article in Bloomberg.com -- Ford Gets California Review of $82.6 Million Rollover Verdict, by Edvard Pettersson. (H/t to AmLaw Litigation Daily.) Here's an excerpt: Ford Motor Co., the second-biggest U.S.-based automaker, will get a review from California's highest court of...

New Mexico High Court Upholds Multi-State Class Action

Posted on July 11, 2008
The New Mexico Supreme Court issued an opinion recently upholding a 13 state consumer class action against Allstate alleging breach of contract. The Court found that the state laws in the 13 states were sufficiently similar to New Mexico law...

Update on Kentucky Fen-Phen Lawyers' Trial

Posted on July 11, 2008
The Wall Street Journal Law Blog reports that Judge William Bertelsman declared a mistrial in the Kentucky lawyers' fen-phen case after the jury reported that they were "hopelessly deadlocked." Here's an excerpt: Cunningham, Gallion and a third defendant, Melbourne Mills,...

Judge Overturns Punitive Damage Award in Prempro Case

Posted on July 10, 2008
Arkansas district judge Bill Wilson overturned an Arkansas jury's punitive damage award of $27 million to Donna Scroggin. The award included $2.75 million in compensatory damages. Judge Wilson based his decision on discarding plaintiff's expert evidence from Dr...

Canadian Class Action Law

Posted on July 07, 2008
John Beisner, Allison Orr Larsen, and Karl Thompson, all of O'Melveny & Myers, have published an article, Canadian Class Action Law: A Flawed Model for European Class Actions, in the most recent Federalist Society Engage. BGS

Bhopal 25 Years Later

Posted on July 07, 2008
An article entitled "Decades Later, Toxic Sludge Torments Bhopal" in the New York Times today by Somini Sengupta, discusses the continuing aftermath of the Union Carbide Bhopal disaster. The failure to clean up the mess left by the disaster is...

MTLB named a Top 100 Law Blog

Posted on July 03, 2008
Well, congratulations to us. The Mass Tort Litigation Blog was named a "Top 100 Law and Lawyer Blog" by the Criminal Justice Degrees Guide, along with fourteen other law professor blogs including Lessig, Volokh, Bainbridge, Madisonian, Tax Prof, and other...

State Court Rulings Undercut Consumer Arbitration Clauses That Waive Class Actions

Posted on July 03, 2008
Article in the Wall Street Journal -- Recent Rulings Bolster the Case For Class Actions, by Nathan Koppel. Here's an excerpt: Widespread efforts by companies to prevent consumers from pursuing class-action suits against them are increasingly getting quashed by state...

Ted Frank on Exxon v. Baker

Posted on July 03, 2008
Ted Frank, director of the AEI Legal Center for the Public Interest, discusses the recent punitive-damages Supreme Court decision, Exxon v. Baker, as part of a Federalist Society SCOTUScast. BGS

Lead Pain Reversal in RI

Posted on July 02, 2008
The Supreme Court of Rhode Island reversed in State of Rhode Island v. Lead Industries Association. The opinion below had imposed liability on lead paint manufacturers under a public nuisance theory. The RI Supreme Court rejected that theory of liability...

Continuing Salmonella Investigation Moves Beyond Tomatoes

Posted on July 02, 2008
Article in the Wall Street Journal -- Salmonella Probe Looks Beyond Tomatoes, by Jane Zhang and Julie Jargon. Here's an excerpt: With the number of salmonella victims still climbing, federal regulators are widening their investigation to include other fresh produce...

Melbourn Mills Cleared in Kentucky Fen-Phen Settlement

Posted on July 02, 2008
Yesterday a federal jury acquitted Melbourne Mills, one of the three attorneys accused of defrauding clients in the Kentucky fen-phen settlement. The Associated Press story can be found here. ECB

Sebok on the Exxon Punitive Damages Case

Posted on July 02, 2008
Anthony Sebok (Cardozo) has an excellent Findlaw colum (click here) on Exxon v. Baker. There are lots of interesting points in this column. Sebok's discussion of the history -- and of the importance of the theory of punitive damages in...

Drug Companies Lament Stricter FDA Scrutiny

Posted on June 30, 2008
An article in this morning's Wall Street Journal by Avery Johnson and Ron Winslow details the flip-side of increased FDA scrutiny: fewer new drugs in the pipeline. Drug companies such as Eli Lilly & Co, Japan's Daiichi Sankyo Co. and...

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