Over at our sister blog, Business Law Prof Blog, Professor Ben Edwards has been making his way through my recent book, Mass Tort Deals: Backroom Bargaining in Multidistrict Litigation. He does an excellent job of both summarizing and
Mass Tort Litigation Blog
The Mass Tort Litigation Blog, published by the Law Professor Blogs Network, focuses on legal issues surrounding mass torts, including large-scale product liability cases, consumer protection litigation, and public nuisance claims. It covers developments in mass tort procedural rules, coordination of multi-district litigation, and emerging trends in accountability for industries such as firearms and pharmaceuticals. The blog also explores the intersection of mass torts with constitutional and social justice concerns, as well as appellate issues related to collective actions. Contributors include law professors and practitioners who analyze litigation strategies, regulatory impacts, and evolving legal doctrines in mass tort contexts.
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Douglas Smith on a Shift in the Preemption Landscape
By Byron Stier
Douglas Smith (Kirkland & Ellis LLP) has posted to SSRN his article, A Shift in the Preemption Landscape?, Tenn. L. Rev. (forthcoming). Here is the abstract:This article discusses the Supreme Court’s recent decision in Merck, Sharp & Dohme v.…
Five Thoughts on Today’s Opioid Hearing on a “Negotiation Class”
Judge Dan Polster entertained a motion to certify a Rule 23(b)(3) negotiation class today in the federal Opiate MDL. Here are a few of my thoughts after listening in.1. I find myself reluctantly agreeing with the distributor defendants (who objected…
Roundup Verdict Tracker
California State Court Johnson v. Monsanto, compensatory: $39 million, punitive: $250 million. Verdict reduced to $78 million, currently on appeal.Pilliod v. Monsanto, compensatory: $55 million, punitive: $2 billion. Federal Court Hardeman v. Monsanto, Northern District of California, compensatory: $5 million, punitive: $75 million.
Come for the Opioids, Stay for the Civil Procedure
Last week, I sat down with Nicolas Terry, who hosts the podcast, The Week in Health Law. We discussed the role of repeat players in multidistrict litigation leadership (on both sides), the functions and control of MDL judges, the ongoing…
Does Multidistrict Litigation Deny Plaintiffs Due Process?
As part of Law 360’s focus on access to justice, I published this perspectives piece on MDL: Does Multidistrict Litigation Deny Plaintiffs Due Process? It’s freely accessible through the link without requiring any log-in information. I thought it might be…
MDL Data, Free & Searchable MDL Docs, MDL Rules, and a New Book on Mass Torts
For judges, lawyers, and even academics toiling away in the world of mass torts, getting a handle on the big picture can be tough. I’ve seen many empirical claims made when it comes to the push for or against creating…
Updated: When Trial is Too “Expensive” for Law Firms
After posting this yesterday, Bryan Aylstock reached out to provide some procedural history. While his information better contextualizes the letter that went out, as I note below, I am still troubled by the idea that a lawyer would dismiss his…
When Trial is Too “Expensive” for Law Firms
For the last few months, I’ve been in touch with many TVM and POP mesh plaintiffs as part of a procedural justice study that I’m conducting. Recently, I’ve heard from multiple sources that the Aylstock, Witkin, Kreis & Overholtz law
…
William C. Powers, Jr. (1946-2019)
By Byron Stier
Professor William C. Powers, Jr. passed away on March 10. A torts and products liability scholar, Professor Powers served as President of the University of Texas from 2006 to 2015. He also served as Dean of the University of Texas…