Mass Torts Plaintiffs and the Federal Courts

With mass torts, plaintiffs and their attorneys have both state and federal options when considering where to pursue their claims.  The conventional wisdom has been that federal courts are “defense friendly”  – with substantive and procedural requirements and rules which may be unfamiliar or appear restrictive to attorneys who practice primarily in state courts. The

JPML Maintains Narrow Focus of Mirena MDL

The orders from the March JPML panel hearing have been posted, and the JPML issued an order denying a motion by a plaintiff to centralize her case in the Mirena IUD device litigation MDL proceeding in the SDNY.  In its order, the JPML indicated that centralization into the pending MDL was denied because the potential

Will Sprint Settlement finally Exorcize Ghosts of the Nextel Merger?

The fallout from one of the messiest mergers in American history appears to have entered its final stage on Monday, March 30th, when Sprint agreed to pay investors $131 million in a settlement dating back to the beleaguered 2005 Nextel acquisition. Lauded at the time as the creation of a telecom dynasty, technological incompatibility led

SCOTUS Denies Cert in Generic Preemption Case

Federal preemption of claims against generic drug manufacturers has prevented (or severely limited) the ability of users of generic drugs from bringing products liability claims premised upon the failure to warn.  Certain state courts have indicated that some state tort law claims may not necessarily be barred by federal preemption, but these “baby steps” potentially