The Supreme Court decided the closely watched jurisdictional case, Mallory v. Norfolk S. Ry. Co., 600 U.S. 122, 143 S. Ct. 2028, 216 L. Ed. 2d 815 (2023). In a series of decisions, the Court has sought to clarify the…

Readers know of our interest in medical monitoring, an interest which dates back to trying a medical monitoring class action to a defense jury verdict decades ago. Your humble blogger co-authored the Medical Monitoring chapter in American Bar Association’s A Practitioner’s…

Better late than never. We missed last month the decision in Costa v. Johnson & Johnson, No. CV 17-452 WES, 2023 WL 2662903, at *3 (D.R.I. Mar. 28, 2023), a product liability asserting a pelvic mesh medical device was defective.…

The Class Action Fairness Act (CAFA) extends federal diversity jurisdiction to certain “mass actions” involving “100 or more persons.” 28 U.S.C. § 1332(d)(11)(B)(i). One might think that since CAFA was passed in 2005, the notion of mass action would have…

Movie buffs may recite multiple comedic movies including a “no MSG” line in the script, but because of consumer preferences many food manufacturers do prominently label their products as “No MSG” or “No Added MSG.” Plaintiff in Henry v. Nissin…

We cannot offer any additional commentary because the Firm was part of the team representing defendant, but we wanted to commend to our readers the recent decision, In re Zofran (Ondansetron) Prod. Liab. Litig., 57 F.4th 327 (1st Cir. 2023).…

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…