News & Analysis as of

Multidistrict Litigation Case Consolidation

Goodwin

Regeneron Files BPCIA Complaint Against Sandoz Regarding Aflibercept Biosimilar

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On August 26, 2024, Regeneron filed a BPCIA complaint in the District Court for the District of New Jersey against Sandoz Inc. related to Sandoz’s ENVEEZU (aflibercept-abzv)....more

Husch Blackwell LLP

Fed. R. Civ. P. 16.1: MDL Guidance in Products Liability Cases

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In 1968, the Multidistrict Litigation Act provided the framework for multidistrict litigation (MDL); where civil actions involve “one or more common questions of fact . . . pending in different districts, such actions may be...more

Harris Beach PLLC

National Mass Torts: 2023 Year in Review

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Sixth Circuit Rejects Overly Ambitious PFAS Class Action - Hardwick v. 3M Co. (In re E.I. du Pont de Nemours), No. 22-3765, 87 F.4th 315 (6th Cir. Nov. 27, 2023) - The United States Court of Appeals for the Sixth Circuit...more

Morrison & Foerster LLP

Litigation Readiness: Seven Things to Keep in Mind

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Data breach class actions continue to rise, following almost inevitably from nearly every major security incident. Here are seven things in-house counsel can do to prepare for that anticipated litigation....more

Venable LLP

Tuna Price-Fixing Summary Judgment Decision Is a Warning to Private Equity

Venable LLP on

A private equity firm and its investment advisor are facing trial over claims they participated in a price-fixing conspiracy for canned tuna carried out at their portfolio company, Bumble Bee tuna. The judge overseeing the...more

Proskauer - Minding Your Business

Where Do We Go From Here? Practical Considerations When Multidistrict Litigation Comes to an End

When product liability actions involving one or more common issues of fact (e.g., an allegedly harmful product or chemical) are filed in multiple jurisdictions, they are typically consolidated for pretrial proceedings in a...more

Dorsey & Whitney LLP

Sixth Circuit Lifts Stay on OSHA’s Vaccine-or-Test Rule, Putting ETS Requirements Back in Effect

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On December 17, 2021, a three-judge panel for the Sixth Circuit Court of Appeals (with one judge dissenting) lifted the nationwide temporary stay of the Occupational Health and Safety Administration’s (OSHA) Emergency...more

Williams Mullen

UPDATE: OSHA Test or Vaccine Rule is Back On...For Now

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On Friday, December 17, 2021, the U.S. Court of Appeals for the Sixth Circuit lifted the stay on implementation and enforcement of the OSHA Emergency Temporary Standard (ETS) that was previously issued by the Court of Appeals...more

Williams Mullen

UPDATE - Status of Implementation of the Federal COVID-19 Vaccine Workplace Rules

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Many employers are struggling with the seemingly ever-shifting rules and requirements relating to COVID-19 vaccines. Indeed, although the Biden Administration initiated three sweeping rules earlier this Fall - one applicable...more

Sherman & Howard L.L.C.

6th Circuit to Preside Over Federal Vaccine Mandate

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Challenges to OSHA’s November 4, 2021 Emergency Temporary Standard mandating vaccines or weekly COVID-19 testing for large employers will be consolidated and heard in the 6th Circuit Court of Appeals. Although Petitions for...more

Spilman Thomas & Battle, PLLC

COVID-19 and Unprecedented: Litigation Insights - Issue 20, August 2020

This 20th edition of Unprecedented, our weekly update on COVID-19-related litigation, finds both plaintiffs and defendants with reasons to celebrate. Insurance carriers avoided consolidation of coverage disputes in...more

Spilman Thomas & Battle, PLLC

COVID-19 and Unprecedented: Litigation Insights - Issue 19, 2020

As we continue our weekly update on COVID-19 related litigation, we have decided that this 19th issue of Unprecedented is the most fitting time for a format change to make viewing our content easier. Now, all content is...more

Cozen O'Connor

JPML Will Not Allow Centralization of MDL Covid-19 Lawsuits

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On April 20, 2020, two policyholders involved in Covid-19 class action suits filed the first motion with the Judicial Panel on Multidistrict Litigation (MDL) asking for the transfer and coordination or consolidation of two...more

Pierce Atwood LLP

Judicial Panel on Multidistrict Litigation Refuses to Consolidate Class Action Litigation Concerning Paycheck Protection Program

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In four separate decisions issued on August 5, 2020, the U.S. Judicial Panel on Multidistrict Litigation declined to consolidate for pretrial purposes dozens of actions against national banks arising from their roles as...more

Ballard Spahr LLP

What to Expect From Motions for Centralization of COVID-19 Business Interruption Cases in an MDL

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For each day that economic activity remains restricted due to the coronavirus pandemic, the stakes continue to rise both for businesses seeking insurance recoveries critical to their survival and for insurers that face the...more

Faegre Drinker Biddle & Reath LLP

District of Kansas Confirms Plaintiffs Cannot Expand Scope of EpiPen MDL Litigation Via Motion to Transfer and Consolidate

A Kansas District Court recently reinforced that cases alleging claims outside the Judicial Panel on Multidistrict Litigation (JPML) Transfer Order cannot be employed to broaden the scope of the MDL litigation. In reaching...more

Searcy Denney Scarola Barnhart & Shipley

Injured Patients Want Consolidation of Zantac Lawsuits

Litigation Update - On January 30, 2020, class action, consumer protection and pharmaceutical lawyers from around the country will be in federal court in Tampa, Florida to argue before a panel of federal judges whether...more

Dorsey & Whitney LLP

Settlement Reached in the First Federal Opioids Trial

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This post is an update from our earlier blog post, available here, on the bellwether federal opioids trial in the Northern District of Ohio.  Just hours prior to the start of the trial in a consolidated case involving two...more

Foley & Lardner LLP

VIX Manipulation Class Actions - Part II: Venue and Consolidation

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In our previous update, we informed you that Atlantic Trading USA LLC had filed the first class action complaint in Chicago federal court against various numerous unnamed market maker trading firms, alleging manipulation of...more

Proskauer - Minding Your Business

Consolidation, Like Marriage, Preserves the Distinct Identities and Rights of Its Constituents

In its recent decision in Hall vs. Hall, the U.S. Supreme Court ruled unanimously that after a final decision in one of several consolidated cases, the losing party has the immediate right to appeal that decision, even when...more

Carlton Fields

Student-Athletes Score Partial Win on Challenge to NCAA’s Scholarship Caps

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A nationwide class action currently consolidated in multidistrict litigation filed by current and former student-athletes received a boost from a ruling on the parties’ cross motions for summary judgment. ...more

Robins Kaplan LLP

SCOTUS Holds that Cases Consolidated Under FRCP 42(a) Are Independent for Purposes of Finality and Appealability

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On March 27, 2018, the Supreme Court issued a unanimous opinion in Hall v. Hall, Case No. 16-1150, holding that cases consolidated under Federal Rule of Civil Procedure 42(a) remain independent for purposes of determining...more

Carlton Fields

Together, But Independent – Finality Under Rule 42(a) Consolidation

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The United States Supreme Court recently clarified that cases consolidated under Rule 42(a) of the Federal Rules of Civil Procedure retain their independent identities “at least to the extent that a final decision in one is...more

Genova Burns LLC

Supreme Court Clarifies Appeal Timing for Consolidated Cases

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The U.S. Supreme Court has ruled that when a final decision has been issued in one of several consolidated civil cases, the losing party can immediately appeal, even if other of the consolidated cases are ongoing. Hall v....more

Foley & Lardner LLP

SCOTUS Raises an Interesting Question for Appeals in Consolidated Cases in Wisconsin

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The U.S. Supreme Court today decided unanimously that, when cases are consolidated under Fed. R. Civ. P. 42(a), they nevertheless remain separate cases. In Hall v. Hall, No. 16-1150, two separate cases had been consolidated...more

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