We cannot offer any additional commentary because the Firm was part of the team representing defendant, but we wanted to commend to our readers the recent decision, In re Zofran (Ondansetron) Prod. Liab. Litig., 57 F.4th 327 (1st Cir. 2023). The case arises in the MDL related to the FDA-approved drug Zofran, and plaintiffs’ allegations
MDL
Preemption Found in Another Drug MDL
Implied preemption makes complete sense when it is evident that the FDA would not have permitted label changes that plaintiffs in private litigation s…
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Abandonment Issues in an MDL
The defendant in a medical device MDL recently flagged an important and thorny issue that impacts many if not most MDL’s. And it has to do with bellwe…
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MDL Defendant Moves for Coordination with State Court Proceedings
General Motors recently moved in Pennsylvania state court to to have discovery in an ignition defect lawsuit coordinated with the discovery in the 150…
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Publication of my new Class Action & Mass Torts Answer Book
Just a quick note. Your humble blogger is very pleased to announce the availability of my latest publication, the Class Action and Mass Tort Answer Bo…
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MDL Court Rejects Plaintiffs’ New Causation Experts
The MDL judge in the Denture Cream Products coordinated litigation has rejected all of plaintiffs’ general causation experts. See In re Denture Cream …
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Third Circuit Affirms Asbestos Dismissals
Readers know that too often the necessary administrative procedures set in place in a mass tort are enforced on a one-way basis, costing defendants mo…
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JPML Releases MDL Stats
The U.S. Judicial Panel on Multidistrict Litigation recently released the data on requests for coordination and dispositions in 2012, and some intere…
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Duke Organizing Special MDL Conference
Here is a conference opportunity worth thinking about for our readers who work on MDLs. The Director of the Duke Law Center for Judicial Studies notes…
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Panel Rejects MDL Status for Brass Plumbing Claims
We have posted before about the MDL process and the importance of the initial decision by the Panel on ordering coordination. Last week the Judicial P…
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