The Mass Tort Defense blog covers legal issues relating to defense of mass tort cases and large scale product liability claims. This blog is published by Sean P. Wajert of Dechert LLP. Sean P. Wajert concentrates his practice on the defense of companies in the chemical, energy, consumer product, drug and medical device industries, in mass tort, toxic court, or other significant product liability litigation, including consumer fraud claims.
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Last week, the Supreme Court granted review in two product liability cases that raise cutting edge personal jurisdiction issues that may not only impact foreign manufacturers but and may also alter due process/personal jurisdiction jurisprudence. See J. McIntyre...
Last week, the California Assembly’s Committee on Environmental Safety and Toxic Materials approved the Consumer Right to Know Act, S.B. 928. The bill passed the California State Senate last April, and is currently pending in the California Assembly’s Committee on...
This week, we are going to explore some of the more interesting cases pending before the Supreme Court. In Smith v. Bayer Corp., No. 09-1205 (U.S., oral argument 1/18/11), the Court took up a case involving the preclusive impact of a decision denying class certification. We recently...
The MDL court overseeing the claims arising from the 2010 Gulf of Mexico oil spill has ruled that plaintiffs can seek punitive damages against allegedly responsible parties in economic loss and property damage suits. In Re: Oil Spill by the Oil Rig “Deepwater Horizon” in the...
The U.S. Supreme Court last week declined to reinstate the climate change tort suit brought by Mississippi property owners against energy companies alleging a link between their greenhouse gas emissions and alleged harm from Hurricane Katrina. In re: Comer, No. 10-294 U.S. petition for...
California's proposed "green chemistry" regulation took another step closer to completion last week, as the state Department of Toxic Substance Control (DTSC) submitted the draft regulations to begin the final official ruelmaking process. The public has until Nov. 1, 2010 to make...
A federal court has dismissed a proposed class action against PepsiCo Inc. alleging that consumers were somehow being misled to believe that the company's Cap'n Crunch's Crunch Berries breakfast cereal contain real fruit. Roy Werbel v. PepsiCo Inc., No: C 09-04456 SBA (N.D. Cal....
A federal court has denied class certification in a proposed consumer fraud class action arising from the sale of microwave popcorn with artificial butter flavoring. See Courtney Fine v. Conagra Foods, Inc., No. CV 10-01848 SJO (C.D. Calif., Aug. 27, 2010). The facts: Diacetyl is a naturally...
We haven't weighed in yet on the latest crazy development in the food world, that attack by the San Francisco Board of Supervisors on "Happy Meals." And no, this is not sour grapes for the Giants having beaten the Phillies. The Board of Supervisors recently voted to...
A federal court last week granted defendant's summary judgment motion in a putative class action alleging Nintendo of America Inc. sold defective wrist straps with its Wii controllers. Elvig, et al. v. Nintendo of America Inc., No. 08-cv-02616 (D. Colo.) Readers are familiar...