We love the word “bellwether” — a noun meaning “a male sheep that leads the flock; it normally wears a bell.”
We don’t love bellwether trials, but we’ll take ’em, because they’re the best an MDL judge can offer.
On the one hand, a bellwether trial in an MDL (or statewide coordinated) proceeding isn’t very
We’re always open to guest posts on topics relevant to the defense of prescription medical products. Here’s the first. Sean Wajert is a partner at Jim’s firm, Dechert, and specializes in pharmaceutical defense. It’s about a hot topic – the use and abuse of medical monitoring claims in this type of case.
Introduction
On January
One thing that’s always bothered us about how FDA goes about regulating drug and medical device manufacturers is the Agency’s penchant for declaring information that’s actually entirely truthful to be “misleading” by defining that term in a rather Orwellian fashion – that “misleading” is whatever FDA says it is. Combine that with regulations that allow
We typically post about product liability (and mass tort) issues affecting pharmaceutical and medical device companies. But we’re taking a short detour today simply to note that pharmaceutical companies are now facing another litigation threat: overtime wage cases.
Since September 2006, a consortium of law firms that includes Kingsley & Kingsley, APC; Spiro Moss Barness
We posted last week (on January 11) about the overwhelming trend in the courts to sever the unrelated claims of multiple plaintiffs that are misjoined in product liability complaints.
Magistrate Judge David A. Baker of the Middle District of Florida recently recommended sua sponte that the court sever the claims of more than 6,500 Seroquel
We really shouldn’t type these words.
We know it. We feel it in our bones. But we can’t resist.
Chief Justice Roberts, in his 2006 Year-End Report on the Federal Judiciary, has once again raised the topic of judicial pay. He says that lawyers in private practice earn many multiples of what federal judges
We were pleased to read in today’s New York Times (page C3) that Judge Weinstein is holding a hearing to determine the proper scope of his injunction that seeks to recover copies of documents leaked in apparent violation of a protective order in the Zyprexa litigation. (We first posted about that issue on December 18,
We are frequently asked, both within our firms and by external clients, for basic materials about the operation of the Judicial Panel on Multidistrict Litigation. Clients who are being drawn into the MDL process for the first time are curious; our colleagues who have never practiced before the Panel need guidance. Here are the references
It’s a securities case – but a big one – and it bears mentioning here. In In re Initial Public Offering Securities Litigation, 471 F.3d 24 (2d Cir. 2006) (“Miles“), the Second Circuit started what might be a sea change in how class actions are certified. We’re not going to get
It now happens at the outset of almost every major mass tort. Plaintiffs’ counsel, having through various forms of solicitation amassed a “great unwashed” of nominal clients about whom they know next to nothing, chooses to dump them all on one unfortunate court in a single complaint. Of course, by filing a single complaint, counsel