By Amanda Bronstad | March 11, 2020
"This change is not warranted by the Supreme Court's decision in Bristol-Myers," wrote the U.S. Court of Appeals for the Seventh Circuit, reversing dismissal of a class action based on Bristol-Myers Squibb v. Superior Court of California. Wednesday's ruling comes one day after the D.C. Circuit dodged the same question in a similar case.
By Amanda Bronstad | March 11, 2020
Coronavirus halted this week's MDL conference at Duke Law, which is reeling from the sudden death of professor Francis McGovern.
By Amanda Bronstad | March 10, 2020
The 2-1 ruling found that Whole Foods' dismissal motion, based on the U.S. Supreme Court's decision in Bristol-Myers Squibb v. Superior Court of California, was premature. But in a lengthy dissent, Judge Laurence Silberman found that Bristol-Myers should have applied to the class action.
By Amanda Bronstad | March 10, 2020
The order approved a special master's report last month that recommended a disbursement including $182.5 million in "common benefit" fees to about 40 law firms whose work assisted in 10,000 lawsuits over DePuy's Pinnacle hip implant.
By Amanda Bronstad | March 9, 2020
In a March 5 order, a federal judge approved a special master's report allocating fees and costs to more than 40 law firms. More than 75% of the amount will go to the five firms on the fee committee. Mark Lanier, whose firm is one of them, said "many firms abandoned the litigation."
By Amanda Bronstad | March 6, 2020
DuPont's lawyers have moved for a mistrial, insisting that a holdout juror questioned by the judge had "tears in her eyes" prior to the verdict for an Ohio couple suing over chemical C8 dumped in the Ohio River. A lawyer for the plaintiffs, and the judge, have disagreed.
The Legal Intelligencer | Commentary
By Mark D. Taticchi and Jeffrey P. Justman | March 6, 2020
The uncertainty about the rules governing certification of medical monitoring classes is particularly acute in the U.S. Court of Appeals for the Third Circuit, which has twice taken the unusual step of granting Rule 23(f) petitions to consider the issue, only to leave it unresolved.
By Amanda Bronstad | March 5, 2020
In an order on Thursday, U.S. District Judge Vince Chhabria vacated the March 23 trial date for the second federal bellwether trial over Roundup herbicide to give lawyers more time to negotiate a settlement of thousands of lawsuits.
By Amanda Bronstad | March 5, 2020
Pharmaceutical distributors negotiating over a $22 billion cash settlement said they withdrew any consent to ex parte communications. The filing is the latest challenge to U.S. District Judge Dan Polster and follows the death of a key mediator in the negotiations.
By Amanda Bronstad | March 4, 2020
Are personal injury lawyers looking at the coronavirus?
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