Topic
Multidistrict Litigation
456 published works
Drug & Device Law
Enough Is Enough In Taxotere Remand Case
The unwieldy and sometimes unfair nature of multidistrict litigation has become a recurring theme on the DDL Blog. We have long commented on the “if you build it, they will…
Drug & Device Law
Are MDLs Fields of Dreams (or Nightmares)?
Last week Bexis posted a link to his comment on draft proposed Federal Rule of Civil Procedure 16.1, which deals with multidistrict litigations (MDLs). If you haven’t read proposed Rule…
Drug & Device Law
Bexis Files Public Comment on Proposed MDL/Federal Rule 16.1
By Bexis
Here’s a short one before the holiday (the one we have off, anyway). Most of our readers probably already know about the pending proposal for an MDL-specific rule of civil…
Drug & Device Law
Lone Pine Stands Tall in Zostavax MDL — Part 3
It has been almost exactly one year since we brought you Part 2 of this Lone Pine story; so, like the court in its most recent decision, we’ll give you…
Drug & Device Law
CPAP MDL Overinflates Plaintiffs’ Claims
By Bexis
Abuse of substantive law as a weapon to force settlement occurs so frequently in multidistrict litigation (“MDL”), that we’ve given it a name – “the MDL treatment.” The linchpin of…
Class Action Defense Blog
Florida Federal Court Issues Extraordinary Order To MDL Claimants Warning Of Scammers In Wake Of Reddit Post
By Gerald L. Maatman, Jr., Nicolette J. Zulli, and Zachary J. McCormack Duane Morris Takeaways: In the massive proceeding known as In Re 3M Combat Arms Earplug Products Liability Litigation,…
Drug & Device Law
Of MDLs, Settlements, and Common Benefit Contracts
By Bexis
Our immediate reaction to In re Bard IVC Filters Products Liability Litigation, ___ F.4th ___, 2023 WL 5441793 (9th Cir. Aug. 24, 2023) (hereafter, “Jones” (the plaintiff’s name)), was “popcorn…
Mass Tort Defense
Outlier MDL Short-Cut Up On Appeal
By Sean Wajert
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…
eDiscovery Watch
Stipulated ESI Protocols
In re Diisocyanates Antitrust Litig., MDL 2862 (W.D. Pa. Jan. 26, 2023), is a multidistrict litigation concerning an alleged conspiracy to reduce supply and increase prices for methylene diphenyl diisocyanate…
Drug & Device Law
Plaintiffs’ Judge Shopping Ploy Fails in Bair Hugger MDL
By Bexis
Until now, the Bair Hugger MDL was known (at least to us) for two things: First, was the Eighth Circuit’s horribly lax application of the Fed. R. Civ. P. 702…