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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

Kentucky Fen-Phen Lawyers Given Long Prison Sentences

Posted on August 18, 2009
Attorneys William Gallion and Shirley Cunningham Jr. were sentenced yesterday to 25 and 20 years, respectively, for defrauding clients out of millions of dollars in connection with a settlement of fen-phen claims. They were ordered, in addition, to pay over...

First Circuit Decision on Federal Claims Act

Posted on August 18, 2009
FDA Law Blog analyzes the decision in United States ex rel Duxbury v. Ortho Biotech Products. BGS

Climate Change Litigation and Legislation

Posted on August 18, 2009
Sean Wajert (Dechert) from Mass Tort Defense offers an update. BGS

Beck/Herrmann on Moving to Dismiss MDL Master Complaints

Posted on August 17, 2009
Discussed at Drug & Device Law. BGS

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Quarter Million Page Views!

Posted on August 17, 2009
Thanks to all our readers -- the Mass Tort Litigation Blog has exceeded 250,000 page views! Keep on reading, and we'll keep on posting! BGS

S. Todd Brown on The Private Market for Specious Claims

Posted on August 17, 2009
S. Todd Brown (Buffalo) has posted on SSRN his article, The Private Market for Specious Claims. Here's the abstract: One of the most curious aspects of the rise of aggregate mass tort litigation is the evolution of private markets for...

Mass Tort Litigation on Facebook

Posted on August 17, 2009
Those interested in following mass tort developments via Facebook may be interested in choosing to "Become a Fan" of Mass Tort Litigation on Facebook. BGS

Dan Markel on Taxing Punitive Damages

Posted on August 15, 2009
Dan Markel (Florida State) posts on PrawfsBlawg about his forthcoming article on taxing punitive damages. BGS

Richard Epstein on Preemption and the Medical Device Safety Act

Posted on August 15, 2009
Richard Epstein (Chicago & NYU) discusses them both in his recent Forbes column. BGS

Second Trial-Court Denial of NJ Vioxx Class

Posted on August 15, 2009
Analysis of Judge Higbee's opinion at Drug & Device Law. Here's the opinion. BGS

Rollback of Preemption Under Obama Administration

Posted on August 14, 2009
Discussed by Carter Wood at Point of Law. BGS

Third Circuit Rejects FDA Preemption for Snapple Consumer Fraud Suit

Posted on August 14, 2009
More from Allison Frankel's short article in Am Law Daily. Here's the opinion. UPDATE: The Consumer Advertising Law Blog has analyzed the opinion (H/t Point of Law). BGS

Kyle Logue on Coordinating Sanctions in Torts

Posted on August 14, 2009
Kyle D. Logue (Michigan) has posted to SSRN his article, Coordinating Sanctions in Torts. Here's the abstract: This Article begins with the canonical law-and-economics account of tort law as a regulatory tool, that is, as a means of giving regulated....

Elizabeth Nowicki on Apologies and Good Lawyering

Posted on August 14, 2009
Elizabeth Nowicki (Tulane) has posted to SSRN her article, Apologies and Good Lawyering. Here's the abstract: In everyday life, apologies are common. For example, if one shopper bumps into another in a crowded grocery store, apologies abound. Or if a...

Eric Engle on The Globalization of Tort Law

Posted on August 14, 2009
Professor Eric Engle (Harvard & Universitat Bremen) has posted to SSRN his article, Aristotelian Theory and Causation: The Globalization of Tort Law. Here's the abstract: Instant global communication and world-wide trade and travel have broken down legal barriers despite historical...

Art Hinshaw and Jess Alberts on Attorney Negotiation Ethics

Posted on August 14, 2009
Art Hinshaw (Arizona State) and Jess Alberts have posted their article, Doing the Right Thing: An Empirical Study of Attorney Negotiation Ethics. Here's the abstract: The code of ethical conduct for lawyers -- the American Bar Association?s Model Rules of...

Thomas Main on The Procedural Foundation of Substantive Law

Posted on August 14, 2009
Professor Thomas Main (Univ. of Pacific) has posted to SSRN his article, The Procedural Foundation of Substantive Law, 87 Wash. Univ. L. Rev. (forthcoming 2009). Here's the abstract: The substance-procedure dichotomy is a popular target of scholarly criticism because procedural...

Patricia Hatamyar on The Effect of "Tort Reform" on Case Filings

Posted on August 13, 2009
Professor Patricia W. Hatamyar (Oklahoma City Univ.) has posted on SSRN her article, The Effect of 'Tort Reform' on Tort Case Filings, 43 Valparaiso Univ. L. Rev. (forthcoming 2009). Here's the abstract: An empirical study of the number and types...

Elizabeth Bahr on Foreign Sovereign Immunities Act and Compensation of Military Victims of War on Terror

Posted on August 13, 2009
Elizabeth Bahr of George Mason Law School has posted to SSRN her Comment, Is the Gavel Mightier than the Sword? Fighting Terrorism in American Courts: The Problematic Implications of Using the Foreign Sovereign Immunities Act to Compensate Military Victims of...

Jason C. Miller on Michigan's Regulatory Compliance Defense

Posted on August 13, 2009
Jason C. Miller of University of Michigan has posted to SSRN his Note, When and How to Defer to the FDA: Learning from Michigan's Regulatory Compliance Defense, 15 Mich. Telecomm. & Tech. L. Rev. 565 (2009). Here's the abstract: Should...

ABA's 13th Annual National Institute on Class Actions

Posted on August 12, 2009
The ABA will offer the 13th Annual National Institute on Class Actions on October 30 in San Francisco, and November 20 in New York. BGS

Move Over Public Citizen...

Posted on August 11, 2009
Ted Frank, formerly a fellow at the American Enterprise Institute, has moved into the business of objecting to consumer class action settlements. Here is a link to an interview with him on Above The Law. So much has been written...

First Fosamax Trial Against Merck Begins Today

Posted on August 11, 2009
Am Law Daily's Priti Patnaik writes about the Boles case: Starting Tuesday, pharma giant Merck & Co., Inc. faces the first trial over its osteoporosis drug Fosamax. More than 900 such lawsuits have been filed by more than 1,200 plaintiffs...

Bernstein on Implied Reverse Preemption

Posted on August 10, 2009
Anita Bernstein (Brooklyn Law) has recently posted an intriguing article in SSRN entitled "Implied Reverse Preemption." Here is the abstract: When they apply the doctrine of preemption, courts refuse to hear claims for personal injury on the ground that adjudication...

Federal Judicial Center Management Guides for MDL

Posted on August 08, 2009
The Federal Judicial Center has posted two guides for management of a multidistrict litigation: (1) Ten Steps to Better Case Management: A Guide for Multidistrict Litigation Transferee Judges; and (2) Ten Steps to Better Case Management: A Guide for Multidistrict...

Vytorin and Zetia Settlement

Posted on August 07, 2009
The New York Times reported yesterday that Merck and Schering-Plough have agreed to pay $41.5 million to settle class claims that they withheld the results of an unfavorable clinical trial. The clinical trial apparently linked Vytorin and Zetia to harmful...

MTBE Trial in DSNY Ongoing

Posted on August 07, 2009
The New York Times reports that the City of New York's lawsuit against Exxon for water contamination with MTBE is ongoing in Queens. The MTBE multidistrict litigation is before Judge Shira A. Scheindlin of the Southern District. ADL

Lawsuit Growth in 2008

Posted on August 07, 2009
Articles in the ABA Section of Litigation's Litigation News and the Baltimore Business Journal summarize the 2009 Law360 Litigation Almanac. Among the federal-court findings: class actions rose 8% (reaching an all-time high); product liability litigation increased 20%; federal environmental lawsuits...

First Fosamax Trial to Begin Next Week

Posted on August 06, 2009
The first Fosamax trial is set to begin Tuesday in federal court in New York. Merck is facing about 850 lawsuits alleging that Fosamax, a widely used osteoporosis drug, increases the risk of osteonecrosis of the jaw (ONJ). Most of...

Did Iqbal (and Twombly) Transform Pleadings?

Posted on August 04, 2009
Most people think that Iqbal definitively put to rest the old "notice pleading" standard that we were all raised on. But I've found two dissenters: Adam Steinman has an article up on SSRN entitled "The Pleading Problem" and Robert Bone...

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