On February 28, the U.S. Court of Appeals for the Ninth Circuit affirmed a district court’s denial of a petition to compel individual arbitration against Starz Entertainment, LLC. The court held that the plaintiff, who...more
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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