Topic
Multidistrict Litigation
456 published works
Drug & Device Law
Only in an MDL….
By Bexis
Some things make sense only in the topsy-turvy, litigate-everything-to-death world of multidistrict litigation. One recent example is In re Taxotere (Docetaxel) Products Liability Litigation, 2023 WL 2982464 (E.D. La. March…
TortsProf Blog
Burch on Improving MDLs
Elizabeth Chamblee Burch has posted to SSRN MDL for the People. The abstract provides:By the terms of its own statute and the limits of its constitutional authority, multidistrict litigation (“MDL”) is…
Class Action Lawsuit Defense
The Advisory Committee on Civil Rules Proposes a New Rule to Address Early Case Management in Multidistrict Litigation
On March 28, 2023, the Advisory Committee on Civil Rules (Committee) convened in West Palm Beach, Florida, to discuss a variety of proposed amendments to the Federal Rules of Civil…
Drug & Device Law
Zantac MDL Zaps Crazy Consolidation Claims
By Bexis
What follows is from the non-Dechert side of the blog. The history of the Zantac MDL has been one novel claim after another from the plaintiffs’ side. Fortunately, the vast…
Drug & Device Law
Even The Most Lenient Of MDL Judges Has A Limit For Excusing Plaintiff Lawyer Neglect
Stop us if you have heard this before. One of the big problems with MDLs in the era of unchecked lawyer advertising, litigation funding, and the focus of MDL judges…
Napoli Shkolnik Blog
Contaminated Hair Care Product Lawsuits Mount
More than fifty women have filed suit against L’Oréal USA, claiming that the company’s hair care products created a higher risk of uterine cancer. Court records show at least 54…
TortsProf Blog
Engstrom & Venook on Common Benefit Fees and MDLs
Nora Freeman Engstrom & Todd Venook have posted to SSRN Common Benefit Fees to Promote MDL Integrity. The abstract provides:Multidistrict litigation (MDL) has long been dogged by worries about illegitimate—or even…
Drug & Device Law
Unusual Indictment of MDL Practices
We have not been terribly shy in voicing our concerns over certain practices we see in drug and device MDLs. Some of these concerns are directed to plaintiff lawyers, some…
Drug & Device Law
Bard IVC Filters MDL Denies Request for Exemption from Common Benefit Fund Assessments
In the podcast called Know Your Enemy, political progressives take a probing look at the history of American conservative political thought. The podcast is somewhat unusual because it takes opponents’…
Drug & Device Law
Another Poster Child for Early Vetting of MDL Plaintiffs
By Bexis
We know that the Federal Judicial Conference’s Committee on Civil Rules is considering creating a rule specifically applicable to multi-district litigation – which now comprises some 70% of all cases…