Multidistrict Litigation

News & Analysis as of

The Penalty Game

Johnson and Johnson (J&J) and its subsidiary Janssen Pharmaceuticals have been dealing with multiple lawsuits stemming from its drug Risperdal. Shortly after dodging a $1.2 billion judgment in Arkansas, J&J has returned its...more

Introduction to the MDL Settlement Process

This four-part series will present a discussion on settling multidistrict litigations (“MDLs”). I will begin with Introduction to the MDL Settlement Process, followed by Best Practices for Settling, Ethical Obligations of...more

Panel on Multidistrict Litigation Consolidates Myriad Cases in Utah District Court

The old adage "Be careful what you wish for" comes to mind regarding Myriad Genetics' motion to the Judicial Panel on Multidistrict Litigation under 28 U.S.C. § 1407, that cases relating to the company's BRCA gene patents be...more

EDNY Judge Substantially Narrows Claims In Consolidated Overdraft Class Actions

On March 5, the U.S. District Court for the Eastern District of New York held that the named plaintiffs lack standing to bring claims in a multidistrict class action alleging illegal overdraft practices by a national bank. In...more

BP Oil Spill Update

On April 18, 2012, BP Exploration and Production Inc. and BP America Production Company (collectively “BP”) entered into an economic and property damages class action settlement with the Plaintiffs’ Steering Committee in the...more

Florida Federal Court Rejects Arbitration Waiver Claims In Multijurisdictional Dispute Litigated By Bilzin Sumberg

On January 10, 2014, Judge Kathleen Williams of the U.S. District Court for the Southern District of Florida, the federal court based in Miami, issued an opinion which further solidifies the role of role of arbitration in...more

Revisions to Federal Non-Party Subpoena Power (Rule 45): Streamlining and Simplifying Outdated Procedures, Effective December 1,...

For the first time since 1991, substantive changes have been made to the Federal Rule of Civil Procedure governing subpoenas effective December 1, 2013. There are five major revisions which were made in an attempt to...more

Spray Polyurethane Foam Insulation Products Liability Litigation – An Update

Earlier this year, it seemed like Spray Polyurethane Foam Insulation ("SPF") might generate the type of attention that Chinese drywall did. Between April 2012 and May 2013 homeowners in various parts of the country,...more

Silica Exposure Lawsuits: The Next Toxic Tort?

With the Occupational Safety and Health Administration (OSHA) signaling its increased attention to workers' exposure to crystalline silica, and the plaintiffs' bar evidently in search of new subjects for "toxic tort" claims,...more

Consumer Protection Laws And Prescription Meds: A Poor Fit

Purchasers of prescription medications often file class actions in large, multidistrict litigation alleging that they were defrauded by manufacturers. In these actions, patients, many of whom disclaim any physical injury,...more

Actos MDL Case Update

The first of more than 1,500 Actos cases consolidated in a Louisiana federal court is scheduled to go on trial in January 2014. The U.S. Judicial Panel on Multidistrict Litigation (MDL) began MDL No. 2299 in December...more

Top 5 Ediscovery Case Summaries - November 2013: Illinois: In the Seventh Circuit, the Duty to Preserve is Triggered When Party...

In re Pradaxa (Dabigatran Etexilate) Prods. Liab. Litig., 2013 WL 5377164 (S.D. Ill. Sept. 25, 2013). In this multidistrict product liability litigation, the Plaintiffs’ Steering Committee (PSC) sought to compel...more

Valid and Enforceable: Delaware Corporation Bylaws With Forum Selection Clauses

The Delaware Court of Chancery, in Boilermakers Local 154 Retirement Fund v. Chevron Corporation, C.A. No. 7220-CS (Del. Ch. June 25, 2013), has ruled that forum selection bylaws, bylaws providing for litigation to be in a...more

Delaware Court of Chancery Upholds Validity of Forum Selection Bylaws

On June 25, 2013, in a judicial development that should ease the burden of multi-jurisdiction litigation, Chancellor Leo E. Strine, Jr. of the Delaware Court of Chancery held that forum selection bylaws adopted by the...more

Delaware Chancery Court Upholds Forum Selection Bylaws

The Delaware Chancery Court held on June 25 that forum selection bylaw provisions, which purport to control the forum in which certain litigation relating to a corporation must be brought, are statutorily and contractually...more

Mediating Complex Cases

Mediating any case can be difficult. But complex litigation, which includes class actions and Multi-District Litigation (MDLs), presents special issues. ...more

Gene Grabowski on Pharmaceutical & Medical Devices [Video]

Today, it’s nutritional supplements. Yesterday it was Vioxx. The day before that, it was Fen-Phen. Tomorrow it may be your favorite over-the-counter pain reliever. The pharmaceutical industry is a playground for plaintiffs’...more

Should Your Board Adopt an Exclusive Forum Bylaw?

Exclusive forum charter and bylaw provisions limit certain types of shareholder litigation to the corporation’s jurisdiction of incorporation, and so potentially reduce or eliminate the cost and strategic difficulties of...more

Dow Chemical Corp. v. Blanco, C.A. No. N11C-07-149 (Del. June 10, 2013

n a case of first impression, the Delaware Supreme Court answered a certified question of law submitted by the Superior Court regarding whether Delaware recognizes the concept of cross-jurisdictional tolling (i.e., whether...more

Do A Deal And You’re Sure To Get Sued; Now, At Least, You Can Get Sued In Just One Place

These days almost every public company that announces an agreement to sell itself can expect to be the subject of multiple shareholder class actions challenging the transaction – even if shareholders will be receiving a...more

Delaware Court of Chancery Holds Forum Selection Bylaw Provisions Are Enforceable

A decision issued yesterday by the Delaware Court of Chancery, Boilermakers Local 154 Retirement Fund v. Chevron Corp., No. 7220-CS (Del. Ch. June 25, 2013), may make it easier for Delaware corporations to minimize the risk...more

Rubber Match? Resin Trade Secret Battle Results In A Multi-Jurisdictional Draw

On the same day last week, two rival rubber resin companies issued press releases — each claiming legal victory in the same trade secret dispute....more

Proportionality and Predictive Coding: A Hip Combination

Ok, excuse that bad joke. But the recent decision in In re: Biomet, the hip replacement multi-district litigation out of the Northern District of Indiana, is noteworthy because it discusses proportionality and predictive...more

Delaware Supreme Court Upholds Collateral Estoppel in Multiforum Litigation

The Delaware Supreme Court recently held that the dismissal of a shareholder derivative suit by a California federal court had a preclusive effect on a substantially similar suit pending in the Delaware Chancery Court against...more

Product Liability Update - April 2013

In This Issue: - United States Supreme Court Holds Class Certification Improper Absent Showing Plaintiffs’ Damages Can Be Measured on a Classwide Basis through Use of a Common Methodology that Is Consistent with...more

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