Last week we gave you our federal class action denial cheat sheet. This week we’re posting a similar list of class action denials from state courts. It took some work, but we’ve been able to dig up certification denials from eleven different states. If you’ve got others, send them along.
With the Class Action
Almost from the day this blog was founded, we’ve been arguing that class actions have no place in prescription medical product liability litigation. We’ve put up several posts containing lists of cases to that effect – but none of them were complete (or purported to be).
One of the things that we’ve often thought about
We’re off to cheer on the United States in the World Cup, but first we wanted to share this recent proposed legislation. The Securing Protections for the Injured from Limitations on Liability Act (or SPILL Act) is sponsored by Representative John Conyers. As the acronym suggests, it relates to the Gulf Coast oil spill. It
First the Digitek MDL gave us a new weapon – the “Digitek Order” – to ensure plaintiffs’ counsel comply with their Rule 11 obligations to actually investigate their clients’ claims before filing thousands of cases. Novel concept, right? And now we have another helpful opinion – a new decision out of the MDL
Those pesky state AGs, usually aided by the plaintiffs’ bar, are an increasingly important player in coordinated drug and device litigation. And there always seems to be something vaguely unfair about a state filing a parens patriae action in its backyard state court, and then waving the (state) flag about how the AG is simply
We just got word that certification of the world’s largest class action, Dukes v. WalMart, slip op. (9th Cir. April 26, 2010) (en banc), was affirmed in large part in a 137-page whopper of a decision.
The court describes its action as follows:
We affirm the district court’s certification of a Federal Rule of
It’s not a drug or device case, but a recent per curiam from the 7th Circuit (with a panel that includes McConnell’s BFF Posner) recently caught our eye. American Honda Motor Co., Inc. v. Allen, __ F.3d __, 2010 WL 1332781 (7th Cir. Apr. 7, 2010), may turn out to be handy for anyone
Good luck bringing a class action in New Jersey federal court invoking the “off-label marketing” bugaboo. Last year, we had Schering-Plough Corp. v. Intron/Temodar Consumer Class Action, a putative class action we’ve previously covered. In that case, the court dismissed a third-party payor (TPP) class action for failure to state a claim where
We’ve previously argued that courts should eliminate class action tolling of the statute of limitations in the mass tort context. In a nutshell, we see the rule first announced in American Pipe & Construction Co. v. Utah, 414 U.S. 538 (1974) – allowing for tolling of the statute of limitations for all members of
It’s March Madness time, and the language of basketball fills the air. One expression that has moved from the basketball courts to everyday language is “no harm, no foul.” “No harm, no foul” (in tougher games, no blood, no foul) is the response to a claim that a foul should be called for