When a defendant settles a mass tort, it wants to achieve peace; one of the worst things that can happen is for plaintiffs to attempt to pursue claims
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MDL
JPML Declines MDL Status for Surgical Robots
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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Court of Appeals Affirms Exclusion of Plaintiff Expert Testimony
The Sixth Circuit earlier this month affirmed the exclusion of plaintiff expert testimony seeking to link osteonecrosis of the jaw to plaintiff’s use …
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Court of Appeals Affirms Dismissal of FEMA Trailer Claims
The Fifth Circuit recently upheld the dismissal of putative class actions filed by Mississippi and Alabama residents against the federal government al…
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MDL Status Denied in Beverage Litigation
The Judicial Panel on Multidistrict Litigation declined to consolidate the suits brought by plaintiffs attacking the marketing of beverages as “…
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Class Certification Denied in BPA Litigation
A Missouri federal court last week denied the class certification motion of consumers suing defendants in the multi-district litigation over the use o…
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Gulf Oil Spill MDL Court Issues Trial CMO
The court managing the Gulf oil spill MDL recently entered an important case management order defining the structure and scope of the upcoming trial o…
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MDL Court Rules on Availability of Punitive Damages in Gulf Oil Spill Litigation
The MDL court overseeing the claims arising from the 2010 Gulf of Mexico oil spill has ruled that plaintiffs can seek punitive damages against alleged…
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MDL Panel Declines to Coordinate Spread Litigation
The Judicial Panel on Multidistrict Litigation declined recently to consolidate three suits by plaintiffs who alleged Ferrero U.S.A. Inc. misrepresent…
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Interesting Case Management Issue in Welding MDL
We have posted about the welding fumes MDL before. Call it case management by option– as the court has worked through the bellwether trials, it is in…
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