A few weeks ago, we found ourselves underwhelmed by the court’s Rule 702 rulings in the Covidien Hernia Mesh MDL. Today, we can say much the same thing about its summary judgment decision. In In re: Covidien Hernia Mesh Products Liability Litigation No. II, 2026 WL 1555914 (D. Mass. June 2, 2026), the
Bellwether
New California Ranitidine Litigation Order Makes A Huge Mess Of Everything
This is from the non-RS side of the Blog.
We admit that the use of “everything” in our title may be excessive. The order in In re Rantidine [sic] Cases, JCCP 5150 (Cal. Super. Ct. Sept. 15, 2025) (“Cali Ranitidine”), slip op. here, did not cause climate change, poverty, hunger, air…
Bair Hugger Rule 702 Disappointment Visits the Lehigh Valley
We’ve written many blogposts kvetching about rulings in the Bair Hugger Multidistrict Litigation (MDL) out in Minneapolis. See here, for example. The rulings on expert admissibility in the Bair Hugger MDL were particularly weak. But surely the rulings would be much better in our home district of the Eastern District of Pennsylvania, right? And…
MDL Master Complaint — What’s the Point?
Is the question we are asking ourselves after reading Butler v. 3M Company, 2024 WL 5054884 (S.D. Ohio Dec. 9, 2024). Because if plaintiffs get to amend their complaints post-remand to add whole new claims and allegations, then the MDL process of litigating based on a master complaint doesn’t seem to make a lot…
Class Complaint Fails in OTC Drug MDL
When it comes to MDLs that concern a bunch of cases about a drug or device, they typically have a name like “In re [name of product(s)] Product Liability Litigation” or “In re [name of product(s) Marketing and Sales Practices Litigation.” In theory, the first group of MDLs involves, shockingly, product…
Constitutional Challenge To The Vaccine Act Misses The Mark
In simpler times for those of us of a certain age, what we learned in elementary school was often supplemented during Saturday mornings watching cartoons. While you could pick up some information watching Super Friends or Captain Caveman, the catchy songs and minimalist animation of Schoolhouse Rock! really helped to teach children a range…
Federal Government Website Resources
Every once in a while, we find ourselves on a federal government corner of the internet, and we usually are surprised to discover (or are reminded) that these webpages often have materials that are worth knowing about, even downright useful, for our type of practice.
These sites are not always easy to navigate, however, so…
No Take Backs for Lexecon Waivers
Remember the days when saying things like no cutting, no backsies, no do-overs were the laws you lived by. Or when “calling” something actually gave you priority. When invoked, these rules of the playground were difficult to challenge. And if challenged, the rule-maker always had the option of the comeback position “times infinity.” Now you…
MDL Court in the Testosterone Replacement Therapy litigation Throws Out another Large Jury Verdict
This post comes solely from the Cozen O’Connor side of this blog.
Last week, the Judge in the Testosterone Replacement Therapy (TRT) MDL threw out an over $140 million jury verdict. In re Testosterone Replacement Therapy Prods. Liab. Litig. Coordinated Pretrial Proceedings, 2018 U.S. Dist. LEXIS 111724 (N.D. Ill. July 5, 2018). It…
Impressions on Duke Conference on Documenting & Seeking Solutions to Mass-Tort MDL Problems
Bexis has lots of opinions on what’s wrong with mass-tort (especially drug/device) MDLs. Heck, Bexis has even proposed amendments to the MDL statutes to correct the many severe problems that exist. Now, Congress has before it possible statutory changes (not holding our breath) and Civil Rules Committee is looking into the same problems. Maybe something…