The High Court has made a Group Litigation Order (GLO) in the class action proceedings of Tongue & Ors v Bayer Public Ltd Company & Ors [2023] EWHC 1792 (KB). This appears to be only the second GLO made by the High Court in...more
Welcome to 2020's second edition of Product Lines, our e-newsletter that focuses on toxic torts and product liability issues. For this edition, we are reporting on several important and timely legal issues. As you will...more
This week the D.C. Circuit and Seventh Circuit issued decisions addressing a question that has been hotly debated by class action lawyers on the plaintiffs’ and defense sides: whether the Supreme Court’s decision on personal...more
A ruling this morning from South Korea’s top court means that Samsung’s de facto leader, its vice chair and chaebol heir Lee Jae-yong, could be heading back behind bars. The high court found that a lower appeals court “had...more
That massive thud? That would be the other shoe dropping in the form of Chinese counter tariffs on another $60 billion in US goods in response to the White House’s trade moves last week....more
Carlos Ghosn, the onetime “savior” of Nissan, faced another indignity while again behind bars in Japan—the automaker officially removed the former chair from the board altogether....more
Miles Laboratories pioneered the concept of daily dosing of multivitamins and minerals in the 1940s with the introduction of its One A Day brand. Now owned by Bayer AG, the brand encompasses a suite of vitamins for targeted...more
Speculative Evidence of Irreparable Harm Sinks Bayer's Request for Permanent Injunction - Bayer Pharma AG, et al. v. Watson Laboratories, Inc. (D. Del. December 28, 2016) - Applying the eBay factors to Plaintiff...more
Following news of Starboard Value’s plan to shake things up at Perrigo, we have this take from Breakingviews, which suggests that fending off a hostile takeover (as Perrigo did from Mylan) tends to “make fertile turf for an...more
We’ve got numbers for Bayer’s unsolicited bid to buy Monsanto—a cash offer of $62 billion, representing a 37% premium on Monsanto’s May 9 closing price...more
It’s a FACT(A): Record Deals Reached Under the Statute - Two record-setting deals were recently reached in Fair and Accurate Credit Transaction Act (FACTA) cases, where the Laboratory Corporation of America and Spirit...more
With EU Safe Harbor Invalidated, Companies Ask: What Now? - What happens now?: That is the question that businesses across the country are asking after the Court of Justice of the European Union (CJEU) threw out the...more
The concept of “ascertainability” serves as an important arrow in the quiver of a defendant seeking to prevent certification of a putative class action in federal court. Recently, the issue of what a plaintiff must...more
It has been a busy summer for federal appellate courts deciding class action issues. Amidst all the sound and fury, this summer's decisions so far highlight two splits among the federal circuits, while also diminishing if...more
A panel from the Seventh Circuit split from the Third and Eleventh Circuits and rejected what it described to be a “heightened” ascertainability requirement under Rule 23(b)(3). In Mullins v. Direct Digital, LLC, plaintiff...more
The Eastern District of Missouri certified an unusual class of lawyers and their clients who undertook a collective effort to litigate claims against Bayer related to the purported “contamination” of the U.S. rice supply by...more
The 7th Circuit's July 28th decision in Mullins v. Direct Digital, LLC has already created quite a stir. Plaintiffs' lawyers are citing it as the antidote to the 3rd Circuit's recent line of cases on the implied requirement...more
I’ve been delayed a bit in reporting on this, but the October 2015 term of the U.S. Supreme Court is shaping up to be a blockbuster one for class action law. Perhaps even bigger than the October 2010 term, which brought us...more
In In Re Cipro Cases I & II, the California Supreme Court laid out a four-part rule of reason analysis for evaluating ANDA settlements that involve a reverse payment to the generic challenger (also referred to as “pay for...more
On May 7, 2015, the California Supreme Court issued its long-awaited decision in In re Cipro Cases I & II, Case No. S198616 (May 7, 2015) (Cipro). Cipro holds that reverse payment settlements can be challenged under...more
In the recent case of Gallagher v. Bayer AG, Case No. 14-cv-04601-WHO (N.D. Cal. March 10, 2015), the plaintiffs asserted that the defendants Bayer AG and related entities (collectively, “Bayer”) engaged in false advertising...more
It’s a pattern repeated in millions of households every day: you go to the grocery or the drug store, buy the items you need, and don’t bother to keep the receipt. You may throw the receipt away immediately, you may throw...more
The U.S. Court of Appeals for the Third Circuit has denied a petition for rehearing en banc in a small-dollar consumer product class action. Depending on one’s perspective, this highly anticipated ruling either enforces the...more
On August 21, 2013, the U.S. Court of Appeals for the Third Circuit reversed certification of a class action comprised of Florida purchasers of Bayer’s One-A-Day WeightSmart multivitamin. See Carrera v. Bayer Corp., No....more
In false advertising cases involving a wide range of consumer products, including dietary supplements and cosmetics, plaintiffs often allege that the manufacturer does not have adequate scientific “substantiation” for its...more