One to watch is E.I. du Pont de Nemours & Co. v. Travis Abbott et al., No. 23-13(U.S. cert. pending). And necessary disclosure your humble blogger co-authored an amicus brief on behalf of PLAC supporting the granting of the defendant’s
Mass Tort Defense
Defense of Mass Tort Claims, Class Actions, and Significant Product-Based Litigation
The Mass Tort Defense blog, published by Shook, Hardy & Bacon, focuses on legal issues surrounding mass tort litigation and defense strategies. It covers topics such as multidistrict litigation (MDL) procedures, bellwether trials, jurisdictional challenges, and evolving doctrines like medical monitoring and the learned intermediary rule. The blog analyzes recent court decisions affecting mass tort claims, including liability standards, injury requirements, and procedural fairness. It also addresses regulatory and policy implications relevant to mass tort defense, providing insights into state and federal court trends, class actions, and product liability cases involving pharmaceuticals, medical devices, and environmental exposures.
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Latest from Mass Tort Defense
Another State Rejects No Injury Medical Monitoring
By Sean Wajert
Plaintiff. a neighbor of a chemical plant in Delaware, sued the plant alleging that it had released carcinogenic ethylene oxide gas into the air; plaintiff proposed a class action, asserting claims for strict liability, negligence, and private and public nuisance.…
Supreme Court Decides Jurisdictional Issue
By Sean Wajert
The Supreme Court decided the closely watched jurisdictional case, Mallory v. Norfolk S. Ry. Co., 600 U.S. 122, 143 S. Ct. 2028, 216 L. Ed. 2d 815 (2023). In a series of decisions, the Court has sought to clarify the…
Medical Monitoring
By Sean Wajert
Readers know of our interest in medical monitoring, an interest which dates back to trying a medical monitoring class action to a defense jury verdict decades ago. Your humble blogger co-authored the Medical Monitoring chapter in American Bar Association’s A Practitioner’s…
Federal Court Declines to Certify, Predicts Adoption of Learned Intermediary Rule
By Sean Wajert
Better late than never. We missed last month the decision in Costa v. Johnson & Johnson, No. CV 17-452 WES, 2023 WL 2662903, at *3 (D.R.I. Mar. 28, 2023), a product liability asserting a pelvic mesh medical device was defective.…
Inevitable CAFA Decision from 6th Circuit
By Sean Wajert
The Class Action Fairness Act (CAFA) extends federal diversity jurisdiction to certain “mass actions” involving “100 or more persons.” 28 U.S.C. § 1332(d)(11)(B)(i). One might think that since CAFA was passed in 2005, the notion of mass action would have…
“No MSG” Class Suit Dismissed
By Sean Wajert
Movie buffs may recite multiple comedic movies including a “no MSG” line in the script, but because of consumer preferences many food manufacturers do prominently label their products as “No MSG” or “No Added MSG.” Plaintiff in Henry v. Nissin…
First Circuit Affirms Preemption Decision
By Sean Wajert
We cannot offer any additional commentary because the Firm was part of the team representing defendant, but we wanted to commend to our readers the recent decision, In re Zofran (Ondansetron) Prod. Liab. Litig., 57 F.4th 327 (1st Cir. 2023).…
MDL Judge Decides Important Preemption Issues
By Sean Wajert
Worth our note is a recent preemption decision in In re Fosamax (Alendronate Sodium) Products Liability Litigation, 2022 WL 855853 (D.N.J. March 23, 2022). The case is noteworthy because it contains a cogent and well-reasoned exploration of many of the…
Slightly Sweet Tea Putative Class Action Dismissed
By Sean Wajert
Today’s case involves a New York federal court dismissing a proposed class action alleging that the labeling on “slightly sweet” chai tea lattes misleads consumers into thinking the drinks are low in sugar. Brown v. Kerry Inc., No. 1:20-cv-09730 (S.D.N.Y.