I hope everyone is navigating the pandemic healthy and (relatively) sane. I know I have not posted in a while, but I want to share with everyone a lecture I gave at Ohio Northern University School of Law discussing the
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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The Commonality of Causation
I hope everyone is navigating the pandemic healthy and (relatively) sane. I know I have not posted in a while, but I want to share with everyone a lecture I gave at Ohio Northern University School of Law discussing the…
Congressional Consideration of Liability Protections for Coronavirus
Article in the Wall Street Journal — Liability Shield Is Next Coronavirus Aid Battle in Congress, by Siobhan Hughes and Jacob Gershman.
Bayer Strives to Settle Lawsuits While Roundup Still on the Market
Article in the Wall Street Journal — Bayer Strives to End Lawsuits Over Roundup—While Still Selling It, by Laura Kusisto, Ruth Bender, and Jacob Bunge.
Symposium on New Frontiers in Torts: The Challenges of Science, Technology & Innovation at Southwestern Law School in Los Angeles
The Southwestern Law Review Symposium, New Frontiers in Torts: The Challenges of Science, Technology, and Innovation, will take place on Friday, February 7, 2020 at Southwestern Law School in Los Angeles. The Symposium is the inaugural event of Southwestern…
Mass Tort Deals: A Response to Ellen Relkin and an Open Invitation
Since I published Mass Tort Deals: Backroom Bargaining in Multidistrict Litigation last May, I’ve received a lot of private emails from lawyers in the trenches who agree with my diagnosis of the problems in MDL. As the book details, incentives…
The Short Guide To Mass Tort Deals: Backroom Bargaining in Multidistrict Litigation
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…
Douglas Smith on a Shift in the Preemption Landscape
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.