Product Liability/Mass Torts
CAFA Conundrum: Is Illinois Depakote Litigation a 'Mass Action' or Not?
Does the Class Action Fairness Act give the federal courts jurisdiction over claims by more than 400 Illinois plaintiffs suing Abbott over its Depakote anti-seizure drug? Two federal judges in the state came up with very different answers.
Mayer Brown Fights $30 Million Fee Award in Volkswagen MDL
Volkswagen's lawyers told a First Circuit panel that there's no way plaintiffs lawyers from Berger & Montague and two other firms deserve $30 million for a class settlement that (Volkswagen claims) is only worth $40 million.
Skadden, W&C Persuade Vioxx MDL Judge to Clamp Down on Missouri Consumer Class Action
On the eve of the first state court consumer class action trial over Merck's Vioxx painkiller, the federal judge overseeing the Vioxx federal MDL issued a rare All Writs Act injunction barring plaintiffs from "double-dipping" in the state case.
Venable, Winston Lose CAFA Removal Bid in Illinois Depakote Litigation
The Class Action Fairness Act is a formidable obstacle for plaintiffs lawyers hoping to litigate big multi-plaintiff cases in state court. But it wasn't enough for Abbott's lawyers in a series of cases alleging that the company's anti-seizure drug Depakote causes birth defects.
W&C and DLA Piper Lose Bid to Exclude Experts on Breast Cancer Link in Prempro MDL
So far Pfizer's lawyers have managed to come out on top in a series of key Daubert motions on breast cancer causation in the federal Prempro MDL, but not this week. Lawyers for both sides, meanwhile, got an unusual warning from the Little Rock judge presiding over the case that he was getting sick of "Sarcasm by and between counsel."
Jones Day Prevails in Effort to Vacate $79 Million RJR Verdict in Florida
A Florida appellate court found the verdict excessive, but upheld the jury's finding of RJR's liability to the daughter of the late James Cayce Horner. The court also rejected RJR's sweeping argument that the "Engle" trial process violates its due process rights.
