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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

Congress, FDA & Foreign Inspections

Posted on April 26, 2008
Article in the Wall Street Journal -- Congress, FDA Debate Foreign Inspections, by Alicia Mundy. Here's an excerpt: Democrats in Congress and the Food and Drug Administration are in a standoff over giving the agency $70 million to bolster foreign...

Accutane Verdict of $10.6 Million

Posted on April 23, 2008
A New Jersey jury hit Roche with a $10.6 million verdict in favor of a Utah woman who claimed that the acne medication Accutane caused her inflammatory bowel disease. The jury, finding that Roche provided inadequate labeling, awarded plaintiff Kamie....

Moss on Electronic Discovery: Separating the Wheat from the Chaff

Posted on April 23, 2008
Scott Moss (Colorado) has just posted an economic analysis on electronic discovery on SSRN entitled: "Litigation Discovery Cannot be Optimal but Could be Better: The Economics of Improving Discovery Timing in the Digital Age." (Duke Law Review, forthcoming 2008)...

DePaul Symposium Issue on Challenges to the Attorney-Client Relationship

Posted on April 23, 2008
The DePaul Law Review has published its issue based on its symposium, Challenges to the Attorney-Client Relationship: Threats to Sound Advice? Among the interesting articles are the following: Nancy J. Moore, The American Law Institute's Draft Proposal to Bypass the...

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WSJ on Tobacco Regulation by FDA

Posted on April 22, 2008
Editorial in the Wall Street Journal -- Cynicism and Big Tobacco. Here's an excerpt: Congress wants to give regulators more authority over the tobacco industry ? so what else is new? The surprise is that currently there are no plans...

Toxic Plastics

Posted on April 22, 2008
Concerns about bisphenol-a, or BPA,a chemical used to make hard plastics (such as reusable water bottles, some baby bottles, food containers, liners for canned foods) are growing. Chemicals from these plastics, especially when heated, leach into food and human bodies...

The Chief on Law & Policy

Posted on April 22, 2008
Chief Justice John Roberts served as a moot court judge at Columbia last week. One of the issues in the case was whether an issue class action could be certified. The Chief Justice's questions to the students (as reported by...

Richard Nagareda on Taylor v. Sturgell

Posted on April 21, 2008
Richard Nagareda (Vanderbilt) has recorded a SCOTUScast on Taylor v. Sturgell, the nonparty preclusion case argued before the United States Supreme Court last week. Howard Erichson commented on the case last week in a post on this blog. BGS

Grisham's Latest

Posted on April 19, 2008
What do mass tort scholars do in their down time? ... Well, read a mass tort novel, of course. John Grisham's latest book, The Appeal, involves a toxic tort of groundwater pollution that injures many in a Mississippi town --...

Is mass tort litigation a depressed market?

Posted on April 18, 2008
In an interview with the Houston Chronicle, Texas legal recruiter Susan Pye answered questions about today's legal job market. When asked what areas are hot, she mentioned energy law and transactional work. She was not so sanguine, however, about mass...

Drug Companies Push for Easier Off-Label Rules

Posted on April 18, 2008
This morning's Wall Street Journal reports that several major drug companies are pushing the FDA to relax its requirements for off-label drug use. Here's an excerpt: Ten major drug companies, including Pfizer Inc.; Bayer Corp., the U.S. unit of Bayer...

Federal Judicial Center Releases its Latest Report on CAFA

Posted on April 17, 2008
Emery Lee and Tom Willging, of the Federal Judicial Center, have released their latest report on CAFA?s Impact on the Federal Courts. Here?s a link to the report. Here is an excerpt of their most important findings (p. 1-2): There...

Class Action Watch Issue

Posted on April 17, 2008
The Federalist Society has posted the March 2008 issue of Class Action Watch. Articles include the following: Cy Pres Settlements by Theodore H. Frank (AEI) The Supreme Court Rejects "Scheme Liability" in Securities Class Actions by Larry Obhof (Kirkland &...

Taylor v. Sturgell Oral Argument

Posted on April 16, 2008
The Supreme Court heard oral argument today in Taylor v. Sturgell, a fascinating case involving nonparty preclusion. Having read the transcript of the oral argument, I'd be surprised if the Court affirmed, but I would not be surprised if the...

Fen-Phen Attorneys' Fee Award

Posted on April 16, 2008
It looks as though payday has finally arrived for fen-phen attorneys. After nearly a decade of litigation, Judge Harvey Bartle III awarded plaintiffs? lawyers from over 70 law firms $412 million for their efforts in litigating the Diet Drugs Product....

Moves: Erichson and Burch

Posted on April 16, 2008
Two of your mass tort bloggers have accepted offers to join new law faculties next year. Howard Erichson is moving from Seton Hall to Fordham Law School. Beth Burch is moving from Samford (Cumberland) to Florida State University College of...

Vioxx and Medical Ghostwriters

Posted on April 15, 2008
The New York Times today reported on a JAMA article about medical ghostwriting, raising questions about the integrity of pharmaceutical research studies published in medical journals. Here's how the Times account begins: The drug maker Merck drafted dozens of research...

Special Compensation for Victims of Terrorist Attacks?

Posted on April 11, 2008
Robert Rabin (Stanford Law) and Stephen Sugarman (Boalt Hall) have just posted an intriguing article entitled "The Case for Specially Compensating the Victims of Terrorist Attacks: An Assessment" on SSRN. The paper was published in the Hofstra Law Review in...

Third Circuit's Recent Preemption Ruling

Posted on April 09, 2008
In a recent case over Paxil and Zoloft, the Third Circuit held that plaintiffs? failure to warn claims (about the risks of suicide) were preempted. The FDA explicitly refused to order the warnings. Consequently, Judge Solviter concluded that the FDA....

RAND on Electronic Discovery

Posted on April 08, 2008
RAND's Institute for Civil Justice has released a report on electronic discovery: James M. Dertouzos et al., The Legal and Economic Implications of Electronic Discovery (2008). Here's a description: Pretrial discovery ? the exchange of relevant information between litigants ?...

Second Circuit Dismisses Light Cigarette Class Action

Posted on April 03, 2008
The Second Circuit dismissed an $800 billion light cigarettes class action against tobacco companies today. Although Judge Weinstein approved the class in September of 2006, the Second Circuit held found that individual issues, such as why smokers chose light cigarettes,...

Brooklyn Law School Symposium -- The Products Liability Restatement: Was it a Success?

Posted on April 03, 2008
On November 13 and 14, 2008, Brooklyn Law School will host a symposium entitled, The Products Liability Restatement: Was it a Success? Presenters from academia include: Professors Richard Ausness (Kentucky), Anita Bernstein (Brooklyn), Margaret Berger (Brooklyn), Ellen Bublick (Arizona), Edward...

Nagareda on the Globalization of Aggregation

Posted on April 03, 2008
Richard Nagareda (Vanderbilt) has just posted a promising article on SSRN entitled "Aggregate Litigation Across the Atlantic and the Future of American Exceptionalism." Here is the abstract: This article analyzes the emerging phenomenon of trans-Atlantic civil litigation on an aggregate...

Charleston Law Review Symposium Issue on Punitive Damages After Philip Morris v. Williams

Posted on April 01, 2008
Last September, Charleston Law School hosted a symposium entitled, Punitive Damages, Due Process, and Deterrence: The Debate After Philip Morris v. Williams. (See prior posts here and here.) The resulting symposium issue of the Charleston Law Review has just been...

Alemanno on the Precautionary Principle and the ECJ

Posted on April 01, 2008
A very interesting article recently posted on SSRN by Alberto Alemanno entitled: The Shaping of the Precautionary Principle by European Courts: From Scientific Uncertainty to Legal Certainty. Here is the abstract: The aim of this study is to illustrate the...

No Immunity for NYC in 9/11 Claims

Posted on April 01, 2008
BNA Law Week reports that on March 26 the Second Circuit held that New York City and its contractors are not automatically entitled to derivative Stafford Act immunity for state law claims brought by various persons (police, firefighters, etc.) who...

Regulating the Global Economy: Foreign Pharmaceuticals

Posted on April 01, 2008
An article by Walt Bogdanich in the New York Times on March 30 describes the difficulties of regulating the content of drug imports, with special reference to the heparin scandal. The article can be found here. The article explains: "Anti-counterfeiting...

Foreign Courts Wary of Punitive Damages

Posted on March 31, 2008
The New York Times has an interesting story on Italians? view of punitive damages. Apparently they are "so offensive to Italian notions of justice" that Italy refuses to enforce judgements containing punitive damages. Here?s an excerpt of the full article,...

Cardiologists Question Continued Use of Vytorin and Zetia

Posted on March 31, 2008
This morning?s Wall Street Journal reports that a panel at the American College of Cardiology Study questioned heavy use of Vytorin and Zetia in fighting cardiovascular disease. Merck and Schering-Plough countered by saying "they believe Vytorin failed to show a...

Hadfield on the September 11 Fund and Litigation

Posted on March 28, 2008
Gillian Hadfield (USC) has posted what promises to be a fascinating qualitative analysis on the decision of victims of the terror attacks of September 11, 2001 to litigate or obtain compensation through the September 11 Fund. The Article, called "Framing...

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