Connect

To receive new posts automatically via e-mail, enter your address:

Delivered by FeedBurner


June 24th, 2020

Federal Judge Takes Stand Against Junk Science in California

Federal Judge William Shubb ruled yesterday that California cannot require Bayer AG to label its glyphosate-based weedkiller Roundup as “known to the state of California to cause cancer.”

Regulators and scientists worldwide have deemed glyphosate safe, with the exception of the International Agency for Research on Cancer (IARC), whose study was riddled with controversy.

Judge . . . → Read More: Federal Judge Takes Stand Against Junk Science in California

June 22nd, 2020

Virginia Lawyers Plead Guilty to Extortion Charges in Case Involving Roundup

On Friday, June 19, Timothy Litzenburg and Daniel Kincheloe pleaded guilty to extortion charges in federal court in the Western District of Virginia over their roles in a scheme involving litigation against Monsanto Company over health risks associated with Roundup.

The two Virginia lawyers demanded $200 million in purported “consulting fees” from a chemicals company . . . → Read More: Virginia Lawyers Plead Guilty to Extortion Charges in Case Involving Roundup

May 13th, 2020

“Show Me Your Lawsuit” State Passes Significant Reform Bill to Curb Lawsuit Abuse

The Missouri legislature gave its stamp of approval to S.B. 591, sponsored by Sen. Bill White, amending the Missouri Merchandising Practices Act (MMPA) and the standards by which punitive damages are awarded. The bill passed the Missouri House of Representatives on May 12th by a 98-51 vote. It passed the Senate on a 21-9 vote . . . → Read More: “Show Me Your Lawsuit” State Passes Significant Reform Bill to Curb Lawsuit Abuse

April 16th, 2020

6th Circuit Finds Multidistrict Litigation Must Comply with Federal Rules of Civil Procedure

ATRA applauds the Sixth Circuit’s decision in In Re: CVS Pharmacy, Inc., in which it issued a writ of mandamus in an important case regarding multi district litigation (MDL). In the decision, which was issued on April 15, 2020, the Court held that the Federal Rules of Civil Procedure apply to MDLs “just as it . . . → Read More: 6th Circuit Finds Multidistrict Litigation Must Comply with Federal Rules of Civil Procedure

August 7th, 2018

New Jersey Supreme Court Pumps the Brakes on ‘Junk Science’ and Adopts the Daubert Standard of Expert Testimony

At long last, New Jersey will no longer be considered an evidentiary outlier that permits plaintiff’s to bring meritless cases based on junk science. On August 1, 2018, the Supreme Court of New Jersey joined the vast majority of other states and adopted the Daubert standard for assessing the reliability of expert testimony.

The decision . . . → Read More: New Jersey Supreme Court Pumps the Brakes on ‘Junk Science’ and Adopts the Daubert Standard of Expert Testimony

May 14th, 2018

West Virginia High Court Soundly Rejects Trial Bar’s Theory of Innovator Liability

On May 11, 2018, the West Virginia Supreme Court issued its long-awaited opinion in the case of McNair v. Johnson & Johnson. The court joined at least 36 other courts, including six federal courts and various state courts in rejecting innovator liability, recognizing that it would disrupt the innovators’ ability to invest further in innovation . . . → Read More: West Virginia High Court Soundly Rejects Trial Bar’s Theory of Innovator Liability

October 18th, 2017

First of Missouri’s Monster Talc Verdicts Falls on Appeal, Others Likely to Follow

A Missouri appellate court yesterday reversed and vacated a $72 million verdict that was the first of four such controversial, multimillion-dollar verdicts rendered in the City of St. Louis Circuit Court in a series of scientifically groundless lawsuits claiming that the use of talcum powder causes ovarian cancer . . . → Read More: First of Missouri’s Monster Talc Verdicts Falls on Appeal, Others Likely to Follow

October 2nd, 2017

Record-Setting But Totally Bogus FCA Verdict Reversed by Fifth Circuit

A unanimous three-judge panel of the U.S. Court of Appeals for the Fifth Circuit last Friday reversed a record-setting federal False Claims Act verdict of $663 million in a case so willfully mishandled by the trial judge that it sunk the Eastern District of Texas into the ignominious rankings of Judicial Hellholes two years ago . . . → Read More: Record-Setting But Totally Bogus FCA Verdict Reversed by Fifth Circuit

June 20th, 2017

SCOTUS Decision Prompts Judge in #1 Hellhole St. Louis to Declare Mistrial in Talc Case

Responding to a defense motion that cited an important 8-1 U.S. Supreme Court decision rendered earlier in the day, a St. Louis trial judge yesterday declared a mistrial in the sixth such trial there in which plaintiffs allege, contrary to widely accepted science, that the makers of talcum powder are responsible for their ovarian cancer . . . → Read More: SCOTUS Decision Prompts Judge in #1 Hellhole St. Louis to Declare Mistrial in Talc Case

June 19th, 2017

ATRA Cheers SCOTUS Term’s Jurisdiction-Case ‘Trifecta’

With today’s announced decision of a third significant jurisdictional case by the U.S. Supreme Court this term, the American Tort Reform Association applauded the “trifecta,” calling the decisions “welcomed relief for corporate defendants targeted by personal injury lawyers, with plenty of help from plaintiff-friendly courts in California, Missouri, Montana, Texas and elsewhere . . . → Read More: ATRA Cheers SCOTUS Term’s Jurisdiction-Case ‘Trifecta’

March 9th, 2017

Missouri, Oregon High Courts Clarify ‘Personal Jurisdiction,’ SCOTUS Poised to Hear Similar Cases

As both state and federal courts in recent years have created confusion by ruling differently on questions of personal jurisdiction (whether a state’s courts should have jurisdiction over cases involving various out-of-state elements), high courts in Missouri and Oregon last week hewed closer to longstanding tradition and appropriately ruled that claims alleging out-of-state injuries against out-of-state defendants doing little business there should be brought elsewhere . . . → Read More: Missouri, Oregon High Courts Clarify ‘Personal Jurisdiction,’ SCOTUS Poised to Hear Similar Cases

March 7th, 2017

Seventh Circuit Vacates Certification, Orders ‘Empty Suit’ Class Action Dismissed with Prejudice

The U.S. Court of Appeals for the Seventh Circuit yesterday vacated certification and directed the trial court to dismiss with prejudice the latest “empty suit” class action wherein class members suffered no real injury and wasted precious court resources merely to register their dissatisfaction with a product . . . → Read More: Seventh Circuit Vacates Certification, Orders ‘Empty Suit’ Class Action Dismissed with Prejudice

March 3rd, 2017

Louisiana Litigation Seeking to Bilk Energy Companies Suffers Set-Back at Fifth Circuit

In a major development in the civil litigation targeting energy producers in Louisiana over their alleged damaging of the receding coastline there, a three-judge panel of the U.S. Circuit Court of Appeals for the Fifth Circuit today unanimously affirmed the dismissal of the very first such lawsuit — wholly concocted by plaintiffs’ lawyers — filed on behalf of the Board of Commissioners of the Southeast Louisiana Flood Protection Authority-East (SLFPA-E) . . . → Read More: Louisiana Litigation Seeking to Bilk Energy Companies Suffers Set-Back at Fifth Circuit

February 10th, 2017

House Bill Would Help Stop ‘Empty Suit Litigation™’

Though it’s still early in the new 115th Congress, a newly proposed House bill could help stop certain plaintiffs’ lawyer-driven class actions — featuring no discernible injuries — that ATRA calls “Empty Suit Litigation™” . . . → Read More: House Bill Would Help Stop ‘Empty Suit Litigation™’

January 18th, 2017

Missouri’s New Governor Cites ‘Judicial Hellholes’ Report in His First ‘State of the State’ Address

Missouri’s newly minted, reform-minded Governor Eric Greitens delivered his first State of the State address to a joint session of the legislature in Jefferson City yesterday, declaring his commitment to enacting critical tort reforms as a means to improving both the state’s civil justice system and its economic prospects . . . → Read More: Missouri’s New Governor Cites ‘Judicial Hellholes’ Report in His First ‘State of the State’ Address

November 9th, 2016

‘Lawsuit Industry’ Is Election’s ‘Biggest Loser’

Despite President-elect Donald Trump’s history of litigiousness, the American Tort Reform Association today declared the “lawsuit industry” to be “the biggest loser in last night’s historic election” . . . → Read More: ‘Lawsuit Industry’ Is Election’s ‘Biggest Loser’

October 20th, 2016

Federal Judge Dismisses ‘Logic-Defying’ Claim Filed by Consumers Pretending to Be Imbeciles

A federal judge Tuesday bluntly dismissed a putative nationwide class action filed on behalf of consumers pretending to be imbeciles who were oblivious to plainly labeled pill-counts on packaging of over-the-counter medication . . . → Read More: Federal Judge Dismisses ‘Logic-Defying’ Claim Filed by Consumers Pretending to Be Imbeciles

September 8th, 2016

Federal Judge Warns of Sanctions for Purveyors of ‘Frivolous’ Mesh Cases, More Broadly Questions Abuse of MDLs

A federal judge presiding in Georgia over multidistrict litigation (MDL) that alleges certain pelvic mesh implants caused painful infections in women has fired a Rule 11 warning shot across the bow of plaintiffs counsel still floating “frivolous” claims in his courtroom . . . → Read More: Federal Judge Warns of Sanctions for Purveyors of ‘Frivolous’ Mesh Cases, More Broadly Questions Abuse of MDLs

August 23rd, 2016

Iced Drinks Lawsuit against Starbucks Emphatically Dismissed by California Federal Judge

A federal judge last Friday emphatically dismissed a preposterous would-be class action that alleged Starbucks deceived customers by underfilling its iced beverages with liquid and overfilling them with ice . . . → Read More: Iced Drinks Lawsuit against Starbucks Emphatically Dismissed by California Federal Judge

August 16th, 2016

Pa. Attorney General Kane Found Guilty of Perjury

On Monday, August 15, Pennsylvania’s Attorney General, Kathleen Kane, was convicted on nine criminal charges, including felony perjury and felony criminal conspiracy . . . → Read More: Pa. Attorney General Kane Found Guilty of Perjury