News & Analysis as of

Multidistrict Litigation

Litigation Alert: Supreme Court Announces New Limits on Venue in Patent Cases, Blunting Key Troll Tool

by Fenwick & West LLP on

For the past 27 years, plaintiffs have been able to bring patent-infringement suits against most corporations almost anywhere in the United States. So-called non-practicing entities, also known as patent “trolls,” have taken...more

A New Limit on Patent Litigation Venue

by Stinson Leonard Street on

A recent U.S. Supreme Court case limited patent litigation venues to a much narrower set of options. Patent venue is now limited solely to the state where the defendant is incorporated and/or states where it operates a...more

Supreme Court Unanimously Changes Where Patents May Be Litigated

Monday, in TC Heartland LLC v. Kraft Foods Group Brands, No. 16-341, the United States Supreme Court significantly changed the geography where future patent infringement suits can be filed....more

Supreme Court Reins in Venue for Patent Cases

by Burr & Forman on

For nearly three decades, patent owners have been able to file patent infringement lawsuits in any court that had personal jurisdiction over the accused infringer. This broad approach to venue led to the rise of remote...more

Intellectual Property Update: U.S. Supreme Court: Patent Infringement Lawsuits Should Be Filed in Defendant’s State of...

by Sherman & Howard L.L.C. on

On May 22, 2017, the United States Supreme Court unanimously reversed a decision by the U.S. Court of Appeals for the Federal Circuit, which had held that a claim for patent infringement could be brought in nearly any federal...more

Bid Farewell to Texas...

by Hodgson Russ LLP on

On May 22, 2017, the Supreme Court significantly narrowed where a patent infringement lawsuit may be brought against a United States corporation. In TC Heartland LLC v. Kraft Foods Group Brands LLC, the Supreme Court agreed...more

IP Alert: "Supreme Court Restricts Where Patent Suits May Be Filed"

by Porter Hedges LLP on

Yesterday the U.S. Supreme Court tightened the reins on where patent infringement lawsuits may be filed. In a closely watched case, the Court reversed the decades-old Federal Circuit interpretation that permitted patent...more

There's No Place Like Home: SCOTUS Rules on Patent Venue Issue

by Ballard Spahr LLP on

The U.S. Supreme Court yesterday upended the status quo for venue in patent cases. For nearly three decades, with some limitations, corporate patent infringement defendants were deemed to "reside"—and thus venue was proper—in...more

Xarelto Litigation – Bellwether Update

Searcy Denney Mass Tort Unit attorneys Brenda Fulmer and Cal Warriner have filed three more lawsuits on behalf of Florida and North Carolina residents who suffered bleeding in their brains and GI tracts following use of...more

Discovery – Requestor Pays, Part of the Way, Anyway

by Reed Smith on

One of the issues that the federal Civil Rules Committee’s discovery subcommittee considered, but that eventually fell by the wayside, on the way to the 2015 discovery rules amendments, were proposals to convert to a...more

Fourth Circuit Excludes FDA Evidence in Transvaginal Mesh Products Liability Case

by Sands Anderson PC on

In the Southern District of West Virginia, Johnson & Johnson and its subsidiary, Ethicon, Inc., were sued for defective design and failure to warn for their transvaginal mesh TVT-O, in addition to a loss of consortium claim....more

"Q&A With Delaware Litigation Partner Ed Micheletti"

What is the most significant recent development in Delaware, from a litigation standpoint? The most significant recent development impacting deal litigation in Delaware is the continuing evolution of the Corwin doctrine,...more

Smoke Screens & Side Shows

by Reed Smith on

We confess, we can’t think of any good reason for admitting evidence concerning product risks that the plaintiff in a particular case never actually encountered – yet plaintiffs try it with a straight face all the time. It’s...more

Another One Bites the Dust: Plaintiff’s Causation Expert Excluded in Hernia Mesh Litigation

by Reed Smith on

We spent Sunday evening in the familiar confines of a top-notch local professional theatre. The production was a short (80-minute), two-character play. It was entirely dialogue-driven, so everything the audience learned came...more

Plaintiffs’ Causation Expert Renounces His Own Conclusions – and Withdraws – in Mirena IIH Litigation

by Reed Smith on

We have blogged before about the Mirena IUD litigation. Cases alleging injuries from device migration and uterine perforation were centralized in an MDL in the Southern District of New York but summary judgment was granted...more

Why Should Class Action Matter to You?

According to a bill pending in the House of representatives, class actions are bad for you and multi-district litigation is not your friend. HR 985 is an example of our legislators acting out of complete ignorance or an...more

Eleventh Circuit Affirms A Very Unhappy Unverdict Against Hip Manufacturer

by Reed Smith on

A funny thing happened on the way to a defense verdict last year—after the jury decided that the defendant’s product was not defective, the MDL judge told the jurors that perhaps they did not “fully understand” and instructed...more

Johnson & Johnson Advocate Says It Should Not Be Defendant in Baby Powder Case

The Personal Care Products Council wants its name off the defendants’ list in multidistrict litigation filed in U.S. District Court in New Jersey by plaintiffs suing Johnson & Johnson over the pharmaceutical giant’s baby...more

Merck Fails to Obtain Summary Judgment on Preemption Defense – Third Circuit Rules “Impossibility Preemption” Presents a Question...

In re: Fosamax (Alendronate Sodium) Products Liability Litigation, Nos. 14-1900 et al. (3d Cir. March 22, 2017). In a precedential decision issued on March 22, 2017, the United States Court of Appeals for the Third...more

House Passes Bill Proposing Sweeping Changes to Class Action Litigation

by Morrison & Foerster LLP on

The House of Representatives has passed legislation that will fundamentally change class actions as we know them. The Fairness in Class Action Litigation Act of 2017 (the “Act” or “H.R. 985”) leaves no stage of class action...more

Hip Implant MDL Denies Summary Judgment on Claims of Plaintiffs Who Failed to Preserve Explanted Devices

by Reed Smith on

Regular readers of this blog know that we have a pretty jaded view of many MDLs. Obviously consolidation makes sense, at least on paper, in terms of efficiency and the best use of scarce court resources. But, in practice,...more

House Passes Fairness in Class Action Litigation Act of 2017

by BakerHostetler on

Yesterday, the U.S. House of Representatives passed the Fairness in Class Action Litigation Act of 2017 (H.R. 985) (the Act). The Act – introduced by Chairman of the House Judiciary Committee Bob Goodlatte – makes...more

FCPA: 2016 Year in Review & 2017 Enforcement Predictions

by Bass, Berry & Sims PLC on

Bass, Berry & Sims announces the release of its "FCPA: 2016 Year in Review & 2017 Enforcement Predictions," a review of trends and developments in FCPA as well as a look ahead into what to expect for 2017. The newly released...more

Take Two!: Congress Revives the Fairness in Class Action Litigation Act

This week, the House of Representatives is debating the Fairness in Class Action Litigation Act of 2017 (H.R. 985; the Act), a Republican-sponsored bill that, if passed, will critically change the procedures governing class...more

JPML Refuses MDL for Proton Pump Inhibitor Kidney Injury Cases

by Reed Smith on

A multidistrict litigation (MDL) can be a sound way of managing a mass tort. Efficiencies are available (e.g., deposing company witnesses only once) and the U. of Chicago part of us dreams of economies of scale. Then again,...more

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