Mass Tort Litigation Blog

WSJ Article on the Waning of the Era of Tort Lawsuits

Article in the Wall Street Journal -- We Won't See You in Court: The Era of Tort Lawsuits is Waning, by Joe Palazzolo.

Legislative Update on HR 985, 725, and 720

Bruce Kaufman, at Bloomberg BNA, has posted an update on class action and MDL legislation pending in the Senate.  The bottom line is that these reforms seem to have stalled (and rightly so, I might add).

As Kaufman writes:

The bills, two of which still lack Senate sponsors, are:

•  The Fairness in Class Action Litigation Act and Furthering Asbestos Claims Transparency Act ( H.R. 985) affects nearly all facets of class action practice, and mandates increased reporting of payments to plaintiffs by trusts that pay out asbestos exposure claims against bankrupt companies. It passed the House March 9 by a 220-201 vote.

•  The Innocent Party Protection Act ( H.R. 725) targets what is known as fraudulent joinder—the improper addition of local defendants to suits in a bid to keep cases in more plaintiff-friendly state courts. It passed the House March 9 by a 224-194 margin.

•  The Lawsuit Abuse Reduction Act ( H.R. 720; S. 237) requires judges to impose mandatory sanctions on attorneys who file “meritless” civil cases in federal courts. It passed the House March 10 by a 230-188 margin.

Kaufman's full article is available here: https://www.bna.com/businessfriendly-litigation-overhaul-n73014462386/ 

Skadden Summer 2017 Class Action Chronicle

Skadden Arps has posted its Class Action Chronicle for Summer 2017, which includes updates on Third-Party Litigation Funding, Class Certification Decisions, and Class Action Fairness Act Decisions.

Judge Weinstein, 50 Years on the Bench

Judge Jack Weinstein of the Eastern District of New York, who is noted for his opinions in many mass torts including Agent Orange, has surpassed 50 years on the bench.  Shibani Gokhale, At 95, Weinstein Keeps Going After 50 Years on Bench, Law.com (July 13, 2017).