Professor Howard Erichson, of Fordham Law School, has posted on SSRN (here) and discussed at the Mass Tort Litigation Blog (here) his new paper, “The Trouble With All-Or-Nothing Settlements.” Erichson’s thesis is that defendants’ demands for global peace in mass torts create ethical tensions.
The abstract describes the seven tensions:
“First,
We’re not the first to mention this, but we want to make sure our readers know. The recently released House version of the administration’s healthcare reform package contains what is billed as pilot projects for “medical liability reform.” It’s a brief nod in the direction of the elephant in the room – limiting the incessant
Sometimes, we feel as though we’re writing in code.
Take the headline of this post, for example, which talks about the Accutane MDL IBD cases.
So be it, we suppose: There’s not a very good alternative.
Two years ago, Judge Moody, who’s overseeing the Accutane MDL, granted Hoffman-La Roche Inc’s motion to exclude plaintiffs’ general
1. Although it happened last week, we just saw that the Department of Justice has again indicted individual officers of a device company for allegedly having participated in an illegal marketing scheme. This time, it’s the former president of Stryker Biotech. Here’s a link to coverage of the story at the In Vivo Blog.
We must be pretty poor bloggers. Our throwaway piece on there not being mousepads in hotel rooms drew (for us) a record 3500+ hits last Friday, courtesy of links from Above the Law and Instapundit. That’s second only to Wyeth v. Levine. And it generated over 1000 hits on Saturday and another 800+ on
We have rules at this blog: We don’t criticize drug and device companies, and we don’t criticize defense law firms.
But we’re making an exception here, and we bet you can understand why: Shook Hardy won an interesting case last week involving the sleeping pill Ambien. More than a dozen folks from Shook Hardy subscribe