New York Supreme Court Judge Jerry Garguilo speaks to the court on the first day of the opioid trial at the Touro College Jacob D. Fuchsberg Law Center auditorium in Islip, New York, on June 28, 2021. Photo: Ryland West/ALM Mass Tort Bellwether Trials Are Back in New York and Other States. But They Look a Bit Different
"There are some plaintiffs counsel who believe that having bellwether trials is a source of leverage to push defendants toward settlement, and, if they're not happening, that leverage is diminished," John Beisner of Skadden, Arps, Slate, Meagher & Flom in New York.
September 20, 2021 at 05:05 PM
10 minute read
The original version of this story was published on Law.com
In the first bellwether trial over Bard's hernia mesh, jurors were surrounded on three sides by plexiglass. Lead plaintiff attorney Timothy O'Brien called the configuration an "egg carton." In fact, in opening statements, O'Brien, who had to look through plexiglass from his own counsel table, joked to the jury that he had never tried a case "looking outside of a goldfish bowl."
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