April 05, 2024 | Law.com
MDL Judge's Orders Should Spur New Rule Calling for the Early Vetting of ClaimsSome lawyers have found that they can gain an advantage in an MDL by stockpiling claims, regardless of their individual merits. In recent years, this gamesmanship has become a huge problem.
By Phil Goldberg
7 minute read
January 25, 2024 | The Legal Intelligencer
The Weaponization of Consumer Protection LawsConsumer protection laws, though, are not public policy tools of any kind. Their purpose is clear and limited: to ensure consumers are not misled into purchasing a product or service. And, in looking at these cases, it quickly becomes clear that these lawsuits have nothing to do with protecting consumers at all.
By Phil Goldberg
5 minute read
June 13, 2022 | National Law Journal
Climate Change Requires Collaboration, Not Courtroom BrawlsNone of the pending lawsuits against energy companies will help in the fight against climate change. There is no suing our way to the future, and pricing gas and electricity out of the reach of many Americans is not viable.
By Phil Goldberg
5 minute read
October 14, 2021 | New York Law Journal
Congress Should Enact Antitrust Reforms That Spur Competition, Not Excessive LawsuitsSimply put, categorically eliminating state antitrust actions from ever being consolidated in MDLs does not facilitate justice; it facilitates excessive and burdensome litigation at the expense of justice.
By Phil Goldberg and Tom Stebbins
3 minute read
October 09, 2012 | Texas Lawyer
Climate Change Tort LitigationLast month, the U.S. Court of Appeals for the Ninth Circuit decided a case that could go a long way toward determining whether people and their communities can sue American energy producers over harms allegedly caused by global climate change.
By Victor E. Schwartz, Phil Goldberg and Chris Appel
9 minute read
September 12, 2012 | New Jersey Law Journal
Barking Up the Wrong TreeThe N.J. Supreme Court acted in the best interest of pets when it rejected broad, emotion-based damages in pet-injury suits.
By Phil Goldberg and Nancy Halpern
4 minute read
October 04, 2012 | The Recorder
Climate Change Tort LitigationRecent attempts to hold energy companies liable for damages from GHGs have been unsuccessful, but unresolved issues remain, explain Shook, Hardy & Bacon attorneys.
By Victor E. Schwartz, Phil Goldberg and Chris Appel
9 minute read
January 25, 2002 | New Jersey Law Journal
Courts Should Keep Media Abuse Out of LitigationJudge Jack Sabatino`s decision to lift the protective order over thousands of pages of proprietary Goodyear documents in Frankl v. Goodyear sets a dangerous precedent that easily could be misused by plaintiffs and newspapers.
By Phil Goldberg
5 minute read
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