Ever since our Bone Screw days, when we used the strategy to great effect, we’ve rooted for defendants undertaking to beat post-MDL remand plaintiffs in guerrilla litigation in numerous courts across the country.  The way to do it is twofold:  On the one hand the defendant creates litigation uncertainty by hemming the other side in

Bexis has just returned from a week’s vacation in Acadia National Park in Maine.  After being rained out for a couple of days due to a stray hurricane, he climbed four mountains in three days – the Precipice Trail up Mt. Champlain; the West Face Cadillac Mountain trail up that mountain, and the Jordan Cliffs/Deer

The decision in In re Bard IVC Filters Products Liability Litigation, 969 F.3d 1067 (9th Cir. 2020) (“Booker”), is yet another reminder that multidistrict litigation as it is currently conducted is a fundamentally flawed process, dedicated more to forcing settlements than to any of the goals envisioned by Congress when it passed

Uncertainty plagues American litigation and accounts for the frequent analogy to a lottery. The same case tried before two different juries will produce two very different results. Within the same jurisdiction, a plaintiff might ring the bell this week, but get zeroed out the next. Factor in different jurisdictions, and the possibilities will wander all

It’s a case that pre- and post-dates the IVC Filters MDL– Ocasio v. C.R. Bard, Inc., 2020 WL 3288026 (M.D. Fla.  Jun. 18, 2020).   In fact, this case got through summary judgment and Daubert rulings in Florida before being transferred to the MDL in Arizona in 2015.  Upon its return to Florida, only two