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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

Investigation into FDA's Medical Device Approval

Posted on January 28, 2009
The New York Times reports that several dissident FDA scientists may be under criminal investigation for their role in approving high-risk medical devices. In response, they wrote a letter to President Obama stating, "It is an outrage that our own...

WLF program on MDL for mass torts

Posted on January 27, 2009
The defense-oriented Washington Legal Foundation is sponsoring a live webcast entitled Litigate the Torts, not the Mass: Improving the Multi-District Litigation Process, featuring John Beisner and Jessica Davidson Miller of O'Melveny & Myers. The webcast will occur Friday, Jan...

The Causation Problem in Chemical Exposure Cases

Posted on January 26, 2009
Whereas some toxic substances have signature diseases (asbestos and tobacco come to mind) in other cases causation is difficult for impossible to prove, creating serious legal problems for workers and others exposed to the substances seeking compensation through the tort...

Pfizer to acquire Wyeth

Posted on January 26, 2009
Pfizer and Wyeth today announced that Pfizer will purchase Wyeth for $68 billion, as anticipated. The deal, as today's NY Times article notes, stands out in the current financial climate: The deal not only create a pharmaceutical behemoth but would...

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Ethics Rules May be Tightened for Drug and Medical Device Makers

Posted on January 24, 2009
The Physician Payments Sunshine Act, a bill introduced in the Senate, is a parallel effort to that in the House to require drug and device makers to report all financial links with doctors on a federal website. Here's an excerpt...

Pfizer/Wyeth Consolidation?

Posted on January 24, 2009
Today's New York Times reports that Pfizer is close to purchaing Wyeth for more than $60 billion. Pfizer is already the world's largest drug company with revenues of $48 billion in 2007. Here's an excerpt: Still, because much of Pfizer...

Peanut Plant Closes

Posted on January 24, 2009
The Associated Press reports that the peanut plant in Blakely, Georgia, The Peanut Corp. of America, has closed its doors after salmonella investigations. To date, there are reports of 486 people becoming sick and six deaths. ECB

New Mass Tort Blog: Jackson on Consumer Class Actions and Mass Torts

Posted on January 23, 2009
Russell Jackson (Skadden) has started a blog, Jackson on Consumer Class Actions and Mass Torts. Welcome to the blogosphere! BGS

Increased Risk for Space Workers Is Not Compensable Injury

Posted on January 23, 2009
BNA reports the dismissal of a suit by space center workers arising out of exposure to beryllium-containing products was upheld by the 5th Circuit. The court held that the workers were only able to show that the exposure resulted in...

Vietnam Vet Class Action Filed Against CIA

Posted on January 23, 2009
BNA Class Action Litigation Report reports that a Vietnam veterans group has filed a class action lawsuit in the Northern District of California against the CIA seeking compensation for human experimentation conducted in the 1970s. The suit is Vietnam Veterans...

Effects of Tort Reform

Posted on January 21, 2009
Patricia Born (California State University), Kip Viscusi (Vanderbilt), and Tom Baker (Penn) have posted an article titled The Effects of Tort Reform on Medical Malpractice Insurers' Ultimate Losses that might be of general interest to tort aficionados...

Peanut Butter Lawsuits Begin

Posted on January 20, 2009
As posted on the Marler Blog, the first lawsuit arising out of the recent nation-wide outbreak of Salmonella in Peanut Butter has been filed in Georgia. The post is here. Marler reports that there are more than 485 infected people...

GAO Criticizes FDA

Posted on January 16, 2009
The New York Times reports that the Government Accountability Office recently criticized the Food and Drug Administration's device approval process. Here's an excerpt: Created in 1976, the F.D.A.?s process for approving devices divides the products into three classes and three...

Today's $1.4 billion Zyprexa deal

Posted on January 15, 2009
As expected, the Justice Department and Eli Lilly today announced that Lilly will pay $1.4 billion in a criminal plea deal and civil settlement. The deal includes $615 million as a criminal penalty and $800 million to settle civil claims...

Zyprexa -- Possible Settlement of Criminal and Civil Claims

Posted on January 14, 2009
Eli Lilly Co. is expected to pay $1.4 billion to settle the government's criminal and civil claims against the company in connection with its marketing of Zyprexa, according to this article in the New York Times, which notes the record-breaking...

Black Robes, White Coats

Posted on January 11, 2009
Though focused on criminal settings, the recently published book Black Robes, White Coats, by Professor Rebecca C. Harris (Washington & Lee, Dep't of Politics), looks interesting. Here's a summary: Scientific evidence is commonplace in today?s criminal trials...

Shapo on Experimenting with the Consumer

Posted on January 08, 2009
Marshall S. Shapo (Northwestern) has posted an overview of his latest book, Experimenting with the Consumer: The Mass Testing of Risky Products on the American Public on SSRN. The book is available for purchase through Greenwood Publishing Group. Here's the...

Bake on Liability Insurance at the Tort-Crime Boundary

Posted on January 05, 2009
Tom Baker (Penn) has a new article posted on SSRN titled Liability Insurance at the Tort-Crime Boundary. While it doesn't directly discuss mass torts, its implications might be of interest to readers. Here's the abstract: This essay explores how liability...

TVA-Spill Sludge Has Arsenic, But Water Tests Fine

Posted on January 03, 2009
Article on cnn.com -- Tennessee sludge contains elevated levels of arsenic, by Jim Kavanagh. Here's an excerpt: The drinking water in the area of last month's coal-sludge spill in eastern Tennessee is safe, but elevated levels of arsenic have been...

Guilty Plea Entered in Chinese Tainted Milk Case

Posted on January 01, 2009
The New York Times reports this morning that Tian Wenhua, the former chairwoman of one of China's largest dairy producers, pleaded guilty to selling baby formula tainted with melamine and to knowing about the problem months before reporting it. Here's...

One Take on the Best Decisions of 2008

Posted on December 30, 2008
at Drug & Device Law blog. BGS

Class Action Status Rejected for Katrina Generated FEMA Trailer Litigation

Posted on December 30, 2008
Judge Engelhardt denied class certification for litigants claiming that FEMA trailers exposed them to toxic fumes. Plaintiffs sued the federal government and several trailer manufacturers over elevated formaldehyde levels in the trailers housing hurricane victims...

TVA Sludge Spill Results in High Levels of Arsenic & Heavy Metals in Two Tennessee Rivers

Posted on December 30, 2008
Article in on cnn.com -- EPA: Rivers high in arsenic, heavy metals after sludge spill. Here's an excerpt: The Environmental Protection Agency has found high levels of arsenic and heavy metals in two rivers in central Tennessee that are near...

Drug Companies and Doctors

Posted on December 29, 2008
The latest New York Review of Books (Jan. 15, 2009 issue) contains an interesting article by Marcia Angell, former Editor-in-Chief of the New England Journal of Medicine and author of "The Truth About the Drug Companies: How They Deceive Us...

One Take on the Worst Decisions of 2008

Posted on December 29, 2008
at Drug & Device Law blog. BGS

Happy Holidays!

Posted on December 26, 2008
to all our Mass Tort Litigation Blog readers, and best wishes for a tort-free New Year! BGS

Lawyer's Conviction Affirmed for Fen-Phen Settlement Fraud

Posted on December 26, 2008
Article in the Clarion Ledger -- Fen-Phen conviction upheld: Vicksburg lawyer bilked company out of $6.7M, by Jerry Mitchell. (H/t to Pharmalot.) Here's an excerpt: The 5th U.S. Circuit Court of Appeals on Monday upheld the conviction of Vicksburg lawyer...

Mark Lanier Addresses Harvard Torts Class

Posted on December 26, 2008
Mark Lanier, a prominent mass tort plaintiffs' lawyer noted in particular for his Vioxx litigation success, addressed Professor Jon Hanson's Torts class at Harvard. (H/t to Torts Prof Blog.) Video is available here. BGS

Ongoing Discussion on Loser-Pays Lawsuit Financing

Posted on December 24, 2008
An article in the Wall Street Journal -- The Debate Over Who Pays Fees When Litigants Mount Attacks, by Dan Slater -- chronicles the increasing discussion over loser-pays lawsuit financing. (H/t Torts Prof Blog.) Professor Richard Nagareda (Vanderbilt) is quoted...

Mass Tort Litigation & Preemption, Chinese-Style

Posted on December 24, 2008
Basically, it appears you sue the government for negligence in school-building construction that contributed to thousands of nationwide school-children earthquake deaths, and they just tell you to go away -- with the "judge t[elling] parents' representatives that government internal documents...

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