medical monitoring – Overlawyered

Class action roundup

Walter Olson — Fri, 22 Sep 2017 10:21:46 +0000

“The entire panoply of extreme cy pres abuse is present”: Google privacy class action [James Beck; Ted Frank petition for rehearing]
Settlement administrator greatly overestimated claims in TCPA suit against Rita’s Italian Ice, judge orders reallocation of money to class [P.J. D’Annunzio, Legal Intelligencer]
“U.S. Judges Could Learn From U.K. Court’s Rejection Of MasterCard Class Action” [Daniel Fisher]
Revisiting a failed 1978 proposal to replace class action with hybrid public/private enforcement [David Freeman Engstrom, U. Penn. L. Rev. via CL&P]
David Marcus (Arizona), “History of the Modern Class Action, Part II” covering 1981-1994 [forthcoming Fordham L.Rev., I turn up in footnote 360 and a couple of others; Part I is here]
Medical monitoring class actions, once seen as wave of future. have not done well [John Sullivan, Drug & Device Law]

Tags: class action settlements, class actions, cy pres, Google, medical monitoring, Ted Frank

Class action roundup is a post from Overlawyered - Chronicling the high cost of our legal system

Torts roundup

Walter Olson — Mon, 11 Aug 2014 04:05:26 +0000

Celebrated as the “most insane amusement park ever,” New Jersey’s notorious Action Park reopens, minus some of its most extreme hazards [National Post]
Insurance industry study finds attorneys getting into higher share of auto crash claims [IJ]
Medical monitoring cases, once seen as wave of future, have not fared well in court [Steven Boranian, DDL]
“Florida high court’s irrational ‘rational basis’ rejection of state tort reform undermines Rule of Law” [William W. Large, Washington Legal Foundation]
For a sense of where tort pressure is being felt, list of litigation groups at AAJ (including newly formed groups) often provides clues;
Los Angeles jury finds team partly liable in $14 million negligent security award for man beaten in Dodger Stadium parking lot [AP]
“Perhaps this is the first of a wave of hose-entanglement cases” [Lowering the Bar, Louisiana]

Tags: amusement parks, baseball, Florida, medical monitoring, New Jersey, third party liability for crime

Torts roundup is a post from Overlawyered - Chronicling the high cost of our legal system

BP spill cleanup workers’ suit

Walter Olson — Wed, 21 Jul 2010 09:58:20 +0000

There’s already a class action demanding medical monitoring. [Dionne Searcey, WSJ Law Blog]

Tags: BP Transocean oil spill, medical monitoring

BP spill cleanup workers’ suit is a post from Overlawyered - Chronicling the high cost of our legal system

Latest issue of Class Action Watch

Ted Frank — Thu, 20 Nov 2008 13:43:57 +0000

The latest issue of the Federalist Society’s Class Action Watch has many articles of interest to Overlawyered readers:

William E. Thomson & Kahn A. Scolnick on the Exxon Shipping case;
Jimmy Cline on Arkansas’s disregard for class action certification standards;
Jim Copland on the “Colossus” class action;
Laurel Harbour on the New Jersey Supreme Court decision on medical monitoring class actions;
Lyle Roberts on lead-counsel selection in securities class actions;
Mark A. Behrens & Frank Cruz-Alvarez on the lead paint public nuisance decision by the Rhode Island Supreme Court; and
Andrew Grossman, extensively citing to Overlawyered and my brief in discussing the Grand Theft Auto class action settlement rejection.

Tags: Arkansas, class action settlements, class actions, Exxon Shipping v. Baker, Federalist Society, forum shopping, Grand Theft Auto, lead paint, medical monitoring, New Jersey, punitive damages, Rhode Island, Ted Frank

Latest issue of Class Action Watch is a post from Overlawyered - Chronicling the high cost of our legal system

Breaking: New Jersey Supreme Court rejects Vioxx medical monitoring class action

Ted Frank — Wed, 04 Jun 2008 15:23:01 +0000

Mark Herrmann has details of Sinclair v. Merck. The decision also suggests that the New Jersey Supreme Court is going to affirm the intermediate McDarby decision rejecting the use of consumer-fraud law for product-liability claims in New Jersey.

Tags: class actions, medical monitoring, New Jersey, pharmaceuticals, Vioxx

Breaking: New Jersey Supreme Court rejects Vioxx medical monitoring class action is a post from Overlawyered - Chronicling the high cost of our legal system