In a blog post last September, I discussed three recent mass tort multidistrict (MDL) decisions which had granted summary judgment for the defendant across the boards on the mass of litigation. In one (the Mirena IUD), the dismissal was built upon a previous striking of all experts. In the other two (Fosamax and Incretins), the …
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mass torts
Does Remand of Cases From an MDL Indicate Failure?
The predominant view of mass tort multidistrict litigation (MDL) proceedings, up to now, has been that the sojourn of the cases to the transferee court should end with the resolution of the litigation, most commonly with a national settlement. For the most part, the supervising judge is usually under considerable peer pressure not to send …
- April 4, 2017
- Alex Cook
In Mass Torts, Who Speaks for the Individual Plaintiffs?
Last month, I participated in a panel discussion on the status of mass tort multidistrict litigations (MDL) at a meeting of the Section of Litigation of the American Bar Association (ABA) in Squaw Valley, Calif. A fortuitous snowfall of about 100 inches fell that same week, so the skiing was great. But I digress: the …
- February 23, 2017
- Alex Cook
