High court paves way for mass tort retrials; 'what a problem!' says an expert of new MDL ruling
Article Abstract:
The Supreme Court ruled in 1998 in Lexecon, Inc. v. Milberg Weiss Bershad Hynes & Lerach that judges assigned multidistrict cases to handle consolidated pretrial matters lack authority to keep these cases for trial. The United States Court of Appeals for the 9th Circuit had found the practice to be authorized, citing court efficiency in resolving many related claims. A re-examination of many of the nearly 300 multidistrict cases judges kept for trial during the last 3 decades may now be necessary.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1998
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Breast implant suits: a bankruptcy matter? Dow Corning Mich. proceeding may be the magnet for most cases
Article Abstract:
The Dow Corning Corp has proposed a reorganization plan under which the company would obtain a single trial in front of a panel of court-appointed medical experts, a cost-effective way of determining whether scientific evidence links the use of breast implants to various connective-tissue diseases, as plaintiffs allege. The plan would allocate $2 mil for products liability claims, but if a jury of experts determines there is no connection, no further litigation would be called for.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1997
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