News & Analysis as of

Federal Rules of Civil Procedure Multidistrict Litigation

Husch Blackwell LLP

Fed. R. Civ. P. 16.1: MDL Guidance in Products Liability Cases

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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

Esquire Deposition Solutions, LLC

Poor Health, Family Obligations Supply Good Cause for Avoiding Deposition Travel

To their credit, experienced litigators are able to resolve the vast majority of pretrial discovery disputes without the need for court intervention. This is particularly true when the dispute in question is whether a...more

Dechert LLP

Dechert Re:Torts - Issue 15

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Previous editions of Re:Torts (It’s (Still) Important Enough to Get It Right; Opioid Public Nuisance Question) have covered decisions that addressed whether various states permit public nuisance claims in connection with the...more

Morgan Lewis

Commenters Weigh in on Proposed Federal MDL Rule to Help Shape Future of Mass Litigation

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The Federal Advisory Committee on Civil Rules has opened public comment on proposed Rule 16.1, which addresses case management in multidistrict litigation (MDL) proceedings. The proposed rule attempts to provide guidance for...more

Lathrop GPM

Maryland Federal Court Recertifies Class Action Against Hotel Franchisor for Claims Related to Data Breach

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A federal court in Maryland recently granted a motion for class certification by consumers who brought negligence, breach of contract, and consumer protection claims against hotel franchisor Marriott International and data...more

Butler Snow LLP

Conducting A Prelitigation Investigation

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Litigation attorneys are constantly bombarded with news of trial victories and defeats – millions of dollars awarded in damages in one case while a defense verdict is achieved in another. Although some attorneys may read...more

BCLP

Mass Settlements from a U.S. Perspective

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As total adjudication is a lofty finish line for many mass and class disputes, settlement is a crucial factor. As class actions continue to rise in prominence in the UK, the United States offers many lessons to emulate and...more

American Conference Institute (ACI)

[Event] Drug & Medical Device Litigation - December 5th - 6th, New York, NY

Hosted by American Conference Institute, the 28th Annual Conference on Drug & Medical Device Litigation returns for another exciting year with curated programming and networking opportunities with 400+ industry...more

BakerHostetler

Open for Comment: Businesses Can Now Submit Public Comments on the Proposed Federal Rule Addressing MDLs

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There is big news in the world of multidistrict litigation: On August 15, 2023, the public comment period opened on a new proposed amendment to the Federal Rules of Civil Procedure specifically addressing case management in...more

BakerHostetler

The Only Rule of Multidistrict Litigation Is...

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BakerHostetler represents clients in high-stakes multidistrict litigation across the country. MDLephant: What’s Big in MDL Litigation? explores key aspects of these high-stakes cases, and what the future holds in store. This...more

Harris Beach PLLC

Proposed FRCP 16.1 Provides a Framework for Initial Management of MDL Proceedings

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Use of multi-district-litigation (“MDLs”) to jointly manage discovery in toxic tort and product liability suits involving the same subject matter but filed in disparate jurisdictions is ever increasing. At present there are...more

BakerHostetler

The Advisory Committee on Civil Rules Proposes a New Rule to Address Early Case Management in Multidistrict Litigation

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On March 28, 2023, the Advisory Committee on Civil Rules (Committee) convened in West Palm Beach, Florida, to discuss a variety of proposed amendments to the Federal Rules of Civil Procedure, including a new rule that would...more

Carlton Fields

More Alike Than Different: Sixth Circuit Instructs MDL Court to Find Efficiencies Within Federal Rules Governing Individual Cases

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Judges presiding over multidistrict litigations, known as MDLs, must walk a tightrope between individual and collective needs. ...more

Troutman Pepper

Early Assessment Of Claims Can Help Reduce The MDL Tax

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Congress designed federal multidistrict litigation (“MDL”) to “promote the just and efficient conduct” of civil actions pending in different districts. By just about any measure, though, the litigation device has failed to...more

King & Spalding

Litigants in Opioid MDL Propose First Ever “Negotiating Class”

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In late June, thirty-nine cities and counties advancing claims in the opioid multidistrict litigation moved to certify a “negotiating class” solely for the purpose of reaching a settlement....more

Faegre Drinker Biddle & Reath LLP

Third Circuit Tackles Third-Party Funding Issues in In Re: National Football League Players’ Concussion Injury Litigation

Third-party litigation funding has received increased scrutiny over the past several years, particularly in the context of mass torts, class actions, and multidistrict litigation. Most of this scrutiny has focused on...more

Fenwick & West LLP

A Strategic Look at Champerty and Third-Party Litigation Financing

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Third-party litigation financing is a topic of increasing interest. The practice has become more common, and federal courts as well as the U.S. Patent Trial and Appeal Board are responding to ensure that the real parties in...more

Fenwick & West LLP

Intellectual Property Bulletin - Winter 2019

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Deregulation is the New Buzzword in Washington — Except in the Tech Industry - The past year has been a volatile one, from trade wars to the government shutdown to a stock market dive. One constant that U.S. businesses have...more

Sands Anderson PC

Fourth Circuit Excludes FDA Evidence in Transvaginal Mesh Products Liability Case

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In the Southern District of West Virginia, Johnson & Johnson and its subsidiary, Ethicon, Inc., were sued for defective design and failure to warn for their transvaginal mesh TVT-O, in addition to a loss of consortium claim....more

Cozen O'Connor

Amended Rule 26: Protecting Against Competitively Sensitive Disclosures

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Hundreds of billions of business e-mails are sent per day. That number may not come as a shock to many, but once a company is involved in litigation, e-discovery can be quite burdensome. Even the mention of the phrase...more

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