By Ellen Bardash | June 23, 2021
Lawyers and judges traded views over whether an expert delivered an "unreliable" opinion with contradictions or whether she was being "remarkably candid."
By Amanda Bronstad | June 21, 2021
In a Monday order, U.S. District Judge Vince Chhabria significantly scaled back the request, originally estimated to give $800 million to lead counsel in the Roundup multidistrict litigation. He also found the common fund doctrine inapplicable in the cases and called on a federal rules committee to consider new methods to compensate lead counsel in MDLs.
By Amanda Bronstad | May 27, 2021
Federal judges are asking more questions prior to granting preliminary approval of class action settlements, partly due to 2018 rules changes, but also as lawyers have become more creative in how they structure such agreements. One example: The $2 billion Roundup settlement that a judge rejected this week.
New York Law Journal | Analysis
By Joshua Kipnees, Thomas P. Kurland and Megha Hoon | May 26, 2021
This article explores the NY marijuana law's framework for regulating marijuana advertising and safety, and how it is likely to be leveraged in consumer litigation.
By Ellen Bardash | May 25, 2021
Jayne Conroy, who has been a partner with Simmons Hanly Conroy for 35 years and has spent much of that time working alongside him in opioid cases, has been appointed to the MDL leadership committee, and said she will continue to serve as plaintiffs' counsel in a Long Island trial set to kick off in June.
By Jared R. Friedmann and Michael Goodyear | May 14, 2021
Prior to 2019, courts around the country consistently held that e-commerce platforms were not liable for injuries caused by products sold on their platforms, finding them to be mere facilitators of third-party transactions. More recently, however, their potential liability is less clear. This article examines this shift in order to provide guidance as to how companies may be able to limit future potential liability.
By Amanda Bronstad | May 10, 2021
After dozens of injury reports, including one death, Peloton CEO John Foley, to the surprise of many lawyers, denied there were safety problems with the company's treadmills then, last, week, abruptly changed course and recalled 125,000 of the Tread+ products. His actions, although unusual and delayed, may have stopped potential lawsuits in their tracks, lawyers said.
By Amanda Bronstad | April 30, 2021
The bench trial, which is expected to last 12 weeks, is before U.S. District Judge David Faber of the Southern District of West Virginia. Cabell County and the city of Huntington, both in West Virginia, brought the case against the three largest distributors of opiate pharmaceuticals: AmerisourceBergen Corp., McKesson and Cardinal Health.
By Charles Toutant | April 28, 2021
"If I'm trying a case against Moderna [a developer of a COVID-19 vaccine], there's going to be a positive impression and you're going to have to deal with it," said Christopher Placitella, a drug defect lawyer at Cohen, Placitella & Roth in Red Bank, New Jersey.
By Ellen Bardash | April 13, 2021
Defense lawyers said the case was one of products liability while counsel for tribal governments said they were stating a claim for negligence and public nuisance in holding JUUL responsible for health impacts on young people.
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