Multidistrict Litigation

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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

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We posted last year about plaintiffs who were dismissed from the Taxotere MDL for failure to serve defendants. To put it simply, the Federal Rules still apply in an MDL. 153 plaintiffs didn’t comply with the Rules, and their cases were dismissed. Not knowing when to walk away, as Kenny Rogers instructs, a number of these plaintiffs filed for reconsideration. The MDL Court rightly shut them down.Continue Reading No Second Chance at Service for Taxotere Plaintiffs

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Coblin v. Depuy Orthopaedics, Inc., 2024 U.S. Dist. LEXIS 62114 (E.D. Kentucky April 4, 2024) is the ultimate dodged bullet.  It is part of a multidistrict litigation.  That’s bad enough. Then it gets worse.  It’s not just any MDL, it’s the hip implant MDL. Then it gets even worse. This Coblin decision involves a

Photo of Stephen McConnell

In early Summer we will be attending yet another bench and bar conference on Multidistrict Litigations.  The organizer of the conference recently asked us to switch from a panel focusing on MDL problems to a panel discussing potential solutions.  Of course, we agreed, because we’re all about being cooperative and constructive. Right?  Not really. Grousing

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The orders denying untimely, post-remand attempts to amend complaints in the Taxotere litigation are piling up, and it doesn’t get old.  We recently reported on one such denial in the Northern District of California.  In recent weeks, district courts in New York, North Carolina, and Tennessee (among others) have joined in.  Today we report on three of those decisions.Continue Reading More Taxotere Remand Courts Deny Untimely Amendments

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McMillian v. Sanofi-Aventis U.S. LLC, 2024 U.S. Dist. LEXIS 44783 (March 13, 2024), is another example where a court shot down a belated, post-remand attempt by a Taxotere plaintiff to change the allegations of her complaint. You might think that we will mimic some of our earlier posts about remand courts fixing a mess

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We have spilled a good deal of ink on the Valsartan MDL.  The back-end of the blog says 18 posts (and counting) already reference Valsartan.  Why so many?  Because they usually are so bad.  Today’s post is more of the same.  Hence the deep sigh.

Today’s Valsartan opinion, In re Valsartan, Losartan, & Irbesartan Products

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In the last couple of years we have gone to plenty of Multidistrict Litigation (MDL) court conferences.  We’ve also gone to plenty of bench-bar conferences about MDLs. From the defense point of view, the key issues are early vetting of cases, even-handed discovery, and avoidance of bellwether trials where the deck is stacked in favor