We’ve all seen ’em; it’s time to talk about ’em: silly MDL tricks.
It starts with a few plaintiffs filing a motion with the MDL Panel to centralize a set of product liability cases. Then the loonies spring into action.
A subset of plaintiffs’ counsel believe that the MDL Panel is more likely to centralize
Corporations adopt new computer applications for business purposes. Corporations weigh the costs of software licensing, installation, hardware, and application management against the projected value of the new application and increased productivity and improvements in products and services. We hate even to write these next words, but perhaps corporations should consider one other factor, too. Corporations
We read at the Mass Tort Litigation Blog about Professor Samuel Issacharoff’s forthcoming article on choice of law in class actions that will appear in the Columbia Law Review. Professor Issacharoff apparently argues that the enactment of the Class Action Fairness Act lends strength to the position that courts should apply a defendant-corporation’s home state
Bexis got an unexpected present for his 51st birthday yesterday. The court denied certification of a nationwide suicidality class in the latest Paxil litigation. See Blain v. Smithkline Beecham Corp., 2007 WL 178564 (E.D. Pa. Jan. 25, 2007). This got us thinking more about what’s really going on with pharmaceutical class actions. We can’t
In this post we discuss something that most definitely is not near and dear to our hearts. In fact it’s just the opposite. We hate it. And if you defend FDA-regulated manufacturers, you should hate it too – unless you enjoy hearing your client called a criminal, or worse. The “it,” of course, is negligence
Yeah, we’re way down the routing list.
We just saw the article by James Muehlberger and Nicholas Mizell in the December 4, 2006, issue of The National Law Journal. But we liked what they said, so we’ll post about it here.
The authors note, as all practitioners in this field know, that the 2003 amendments
The Bulldog Reporter’s Daily Dog is probably a journal that most lawyers don’t read regularly. But the January 10 issue has an interview with Jon Harmon, Director of Communications Strategy at Ford Motor Company, in which he describes how plaintiffs’ counsel have become media savvy and now drive the news cycle every day when a
At a recent ABA conference, Judge Eldon Fallon (of the Eastern District of Louisiana) noted that it’s entirely proper to use a court-appointed expert under Federal Rule of Evidence 706 to assist the court with e-discovery issues.
Depending on the scope of requested discovery, that suggestion may make sense even in a run-of-the-mill product liability
We haven’t yet heard the results of the two-day hearing before Judge Weinstein over the propriety of his injunction seeking to recover internal Eli Lilly documents about Zyprexa that were leaked to the New York Times and elsewhere.
But Professor Bill Childs, at the Torts Prof Blog, has tracked down two reports online. Here’s a
On Wednesday, January 17, the Senate Judiciary Committee held hearings entitled “Paying Off Generics to Prevent Competition with Brand Name Drugs: Should It Be Prohibited?” The Committee conducted the hearings in connection with its consideration of the Preserve Access to Affordable Generics Act, a bill proposed by Senator Kohl of Wisconsin, and, as proposed in