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Defending Benzoyl Peroxide Acne Product/Benzene Litigation

This year, a laboratory issued a report wherein it claims to have tested over-the-counter and prescription acne products containing benzoyl peroxide and found what it deemed to be “unacceptably high” levels of benzene. In...more

AFFF MDL Bellwether Process Extended to Claims for Thyroid and Liver Cancer Caused by PFAS

The court in the aqueous film-forming foams (“AFFF”) multidistrict litigation recently established a bellwether process to address personal injury claims alleging that polyfluoroalkyl substances (PFAS) in AFFF caused thyroid...more

National Mass Torts: 2023 Year in Review

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

Hair Relaxer MDL Proceeds Despite Limited Support

Plaintiffs’ claims in the hair relaxer multi-district litigation (“MDL”) will move forward, according to a decision by the Northern District of Illinois. The decision exemplifies the liberalities sometimes permitted under...more

Proposed FRCP 16.1 Provides a Framework for Initial Management of MDL Proceedings

Use of multi-district-litigation (“MDLs”) to jointly manage discovery in toxic tort and product liability suits involving the same subject matter but filed in disparate jurisdictions is ever increasing. At present there are...more

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