Mass Tort Defense

Recent Posts from Mass Tort Defense


  • Summary Judgment in Proposed Medical Monitoring Class Action

    A federal court has granted defendant CSX Transportation, Inc.’s Motion for Summary Judgment in a medical monitoring case arising from a train accident. See Mann v. CSX Transportation, et al., NO. 1:07-cv-3512 (N.D. Ohio Nov. 10,…

  • BPA Update- Part II

    Yesterday, we posted about events in the MDL.  Today, the science, and it probably shouldn’t surprise readers of MassTortDefense that studies suggesting a product bears some risk get far more media attention than studies showing a…

  • BPA Litigation Update- Part I

    In the BPA MDL, Judge Ortrie D. Smith granted in part and denied in part defendants’ motions to dismiss various claims. In re: Bispehnol-A Polycarbonate Plastic Products Liability Litigation, MDL No. 1967 (W.D. Mo.). Readers…

  • Spyware Claim Does Not Survive Summary Judgment

    A federal court has granted a software maker summary judgment in a case arising from the use of "spyware."  The plaintiff failed to convince the court that product liability claims were proper against the company…

  • Causation Proof Still Insufficient In Drug Case

    A while back we posted about an interesting toxic tort case involving important causation issues. See Zandi v. Wyeth, 2009 WL 2151141 (Minn.App.).  A Minnesota appeals court recently refused to rehear its prior affirmance of…

  • Appeals Court Affirms Rejection of Class Action in HDTV Case

    The  California appeals court has affirmed a trial court's decision to deny plaintiff's motion for class certification in a case involving high definition (HD) television services. See Cohen v. DIRECTV, Inc., No. B204986, 2009 WL 3069116 (Cal. Ct. App.…

  • Developments in Proposed Class Actions in China Drywall MDL

    In the Chinese Drywall  MDL, certain plaintiffs recently moved for leave to amend their Class Action Complaint to expand the class definition as to defendant Taishan Gypsum, from a Virginia state-wide class to a national…

  • Federal Court Dimisses Consumer Fraud Allegations in Washer Litigation

    A federal court has dismissed (with prejudice) a variety of consumer fraud and unjust enrichment claims in litigation alleging issues with front-loading washers. Butler, et al. v. Sears, Roebuck and Co., No. 06 C 7023 (N.D. Ill. Nov.…

  • Supreme Court Hears Oral Argument In Class Action Restriction Case

    The Supreme Court heard oral argument earlier this week in Shady Grove Orthopedic Assocs. v. Allstate Ins. Co. (No. 08-1008), a case which considers whether a state law (here, New York's) prohibiting class actions for certain…

  • Federal Inter-agency Task Force Releases Preliminary Test Results On Chinese Drywall

    The federal inter-agency task force investigating alleged problems with Chinese-made drywall released initial results of three studies last week, which may impact the MDL litigation. The CPSC, the EPA, HUD, the CDC, and the Agency…