Worth our note is a recent preemption decision in In re Fosamax (Alendronate Sodium) Products Liability Litigation, 2022 WL 855853 (D.N.J. March 23, 2022). The case is noteworthy because it contains a cogent and well-reasoned exploration of many of the issues flowing from the Supreme Court’s decision in Merck Sharp & Dohme Corp. v. Albrecht,
Mass Tort Defense
Defense of Mass Tort Claims, Class Actions, and Significant Product-Based Litigation
Blog Authors
Latest from Mass Tort Defense
Slightly Sweet Tea Putative Class Action Dismissed
By Sean Wajert
Today’s case involves a New York federal court dismissing a proposed class action alleging that the labeling on “slightly sweet” chai tea lattes misleads consumers into thinking the drinks are low in sugar. Brown v. Kerry Inc., No. 1:20-cv-09730 (S.D.N.Y. 3/7/22).
Plaintiff asserted claims under the NY General Business law, and common law negligent misrepresentation,…
Florida Supreme Court Leads on Apex Doctrine- TIPS Article
By Sean Wajert
A good read on an important topic: my Public Policy Group colleagues Chris Appel and Mark Behrens recently published an article in the latest ABA TIPS section magazine, The Brief, titled “Florida Supreme Court Leads on Apex Doctrine.” Vol. 51, No.2 (Winter 2022), The article discusses a recent amendment to the Florida Rules of Civil…
New Article on Personal Jurisdiction by “Consent”
By Sean Wajert
My partner Joe Blum and I recently published an article on Mallory v. Norfolk Southern Railway Co. and the General Jurisdiction Consent Battle.
We discuss that courts have continued to address the theory that a corporate defendant consents to personal jurisdiction in a state’s courts merely by registering to do business in that state.…
Approaching Two Year Mark on Pandemic — Mental Health So Very Important
By Sean Wajert
We are approaching the second anniversary of the Covid pandemic, at least measured in the time that many law firms were forced to close offices and have attorneys work from home. That time has seen saddening numbers on illness and death, amazing scientific breakthroughs by the life sciences industry (including clients of our firm), and…
New Article on Product Liability Related Trends
By Sean Wajert
For those of our readers with access to the Law360 universe, my partner Hildy Sastre and I just published an article on Important Product Liability Practice Trends To Watch In 2022.
In honor of Punxsutawney Phil we venture predictions for the year ahead. The last year has seen several important legal developments relevant to…
Accolade For Firm’s Cybersecurity Team
By Sean Wajert
Very pleased to share the news that the Firm’s team has been named Cybersecurity Group Of The Year by Law360. My colleague Al Saikali heads a 30-laywer, multi-office team that handles all aspects of data and privacy, with particular emphasis on state and federal data privacy
compliance, privacy litigation matters, and biometric privacy issues.
…
Another Proposed Vanilla Claim Dismissed
By Sean Wajert
Cases out of New York involving food products catch our eye these days, as NY threatens to become the new “food court.” Today’s post involves Eric Parham v. ALDI, Inc., No. 19 CIV. 8975 (PGG), 2021 WL 4296432 (S.D.N.Y. Sept. 21, 2021).
Plaintiff asserted false advertising claims under New York General Business Law (“GBL”) §§ 349…
CAFA Jurisdiction Not Met in Proposed Class: Injury Matters
By Sean Wajert
The Class Action Fairness Act has had a noticeable effect on class action practice. One aspect of CAFA involves the need to assert jurisdictional minimums, as recently reaffirmed by the Eighth Circuit in Penrod v. K&N Eng’g, Inc., No. 20-1355, 2021 WL 4177761 (8th Cir. Sept. 15, 2021). The appeals court concluded that the plaintiffs…
LCJ Comments on Proposed Amendment to FRE 702
By Sean Wajert
We want to point out the cogent Comments by Lawyers for Civil Justice to the Advisory Committee on Evidence Rules in response to the Request for Comments on the Committee’s proposed amendment to Federal Rule of Evidence 702. Readers may know that LCJ is a national coalition of corporations, law firms, and defense trial lawyer…