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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MDL
Abandonment Issues in an MDL
By Sean Wajert on
Posted in Articles, Drug and Device
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
By Sean Wajert on
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
By Sean Wajert on
Posted in Articles, Class Action
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
By Sean Wajert on
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
By Sean Wajert on
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
By Sean Wajert on
Posted in Articles, Class Action
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
By Sean Wajert on
Posted in Articles, Class Action
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
By Sean Wajert on
Posted in Articles, Consumer Products
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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Challenge to Federal-State Court Coordination Overture Prompts Response
By Sean Wajert on
Posted in Articles, Drug and Device
One of the challenges of our system of federalism, and dual jurisdiction between state and federal courts, is the coordination of related cases pendin…
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