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If hard cases make bad law, big cases make really bad law. No cases are bigger than product liability multidistrict litigations. Some have populations dwarfing the towns where many of you were raised. Perhaps it is the high stakes involved, or perhaps it is the judicial obsession with settling many thousands of cases ASAP, but

Approximately 18 months ago we reported on C.D. California cases that silicone breast implant defendants managed to keep in federal court and then get dismissed with prejudice. We expressed delight with the opinions because the court’s discussions of fraudulent joinder and preemption were particularly insightful. No doubt another source of our delight was that the

By now our beef with Multidistrict Litigations has become monotonous: plaintiff lawyers assemble enormous inventories of weak cases, then contort the bellwether pool to ensure that only their best cases go to trial. We remember an oral argument in front of an MDL judge in which we employed statistics to show that a representative MDL

Last July, Bexis blogged about two inconsistent personal jurisdiction rulings in talc litigation. Those rulings created a personal jurisdiction split between a Missouri court and the talc MDL court on whether non-Missouri plaintiffs could sue a non-Missouri defendant in Missouri even if those plaintiffs did not use the product or suffer an injury in

A couple of times in recent weeks we have discussed pelvic mesh cases where a central issue was whether the cases were time-barred by a statute of limitations or repose. (See here and here.) There is a reason why this issue crops up persistently. The pelvic mesh litigation started off as a mass tort

We refuse to end the year on a bad note, so we’ll talk about a case that’s good – not good enough to make tomorrow’s top-ten list, but good enough to slam the door shut on 2020 with a reasonable amount of cheer.

Vicente v. Johnson & Johnson, 2020 WL 7586907 (D.N.J. Dec. 21,