Defense of Mass Tort Claims, Class Actions, and Significant Product-Based Litigation
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 petition for cert.
The case arises from the typically complex procedural history of an…
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. The United States District Court for the District of Delaware granted plant’s motion to dismiss…
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 Guide to Class Actions, Third Edition.
Our friends at the highly regarded Drug…
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. Plaintiff alleged, inter alia. a failure to warn claim under Rhode Island law.
Under that…
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 been fully analyzed. The Supreme Court has long construed jurisdictional statutes like CAFA to establish…
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 issues flowing from the Supreme Court’s decision in Merck Sharp & Dohme Corp. v.
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. 3/7/22).
Plaintiff asserted claims under the NY General Business law, and common law negligent misrepresentation,…
My partner Joe Blum and I recently published an article on Mallory v. Norfolk Southern Railway Co. and the General Jurisdiction Consent Battle.
We discuss that courts have continued to address the theory that a corporate defendant consents to personal jurisdiction in a state’s courts merely by registering to do business in that state.…
We are approaching the second anniversary of the Covid pandemic, at least measured in the time that many law firms were forced to close offices and have attorneys work from home. That time has seen saddening numbers on illness and death, amazing scientific breakthroughs by the life sciences industry (including clients of our firm), and…
Very pleased to share the news that the Firm’s team has been named Cybersecurity Group Of The Year by Law360. My colleague Al Saikali heads a 30-laywer, multi-office team that handles all aspects of data and privacy, with particular emphasis on state and federal data privacy
compliance, privacy litigation matters, and biometric privacy issues.
…
