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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,

Could a tax case ever make for interesting reading? To our surprise, the answer is Yes. In our end-of-year excavation of older cases we missed when they first came out, we unearthed Rowitz v. Tax Commisioner of Ohio, 2019 WL 7489061 (Ohio Ct. App. Dec. 31, 2019). The plaintiffs in that case applied for

It’s all too much. Mass torts, especially those involving drugs or devices, suffer from a severe case of too-muchness. Too much of what? Cases, defendants, prevaricating experts, documents taken out of context, appeals to outrage, eye-watering verdicts, etc. In the good old days when people got together physically, not virtually, for parties (especially this time