Constitutional Law/Mass Tort Law

Defendants related to uber-sized Lyondell Chemical are now seeking to use a recent chapter 11 injunction to try to bar claims that benzene caused a blood cancer. The defense motion makes no mention of the chapter 11 proceeding including any “futures representative” type of person acting on behalf of future claimants. The motion also makes

In the NFL concussion litigation, the federal judge overseeing the case has now ordered release of supporting financial calculations for the preliminarily approved class action settlement. The order follows motions for access by players and media.

Contrast that disclosure order against the approach in asbestos litigation. Asbestos bankruptcies are de facto class action proceedings. Nonetheless,

Alison Frankel at AmLaw published today this significant story on the continuing impact of the limited thinking jurisdictional thinking embodied in the  Morrison securities law decision. The article tees off from a new ruling in which a US federal judge invoked Morrison to hold that the US Justice Department cannot enforce previously won injunctive,  RICO-based  relief against global tort giant British American Tobacco.

Nicastro and Goodyear are two pending cases addressing the scope of personal jurisdiction over global manufacturers when they sell allegedly defective products. Here, Crowell & Moring provides its take on the issues and argument. For those who would like more specifics, the Scotus Blog remains great. Go here for the Nicasto oral argument

The "Justice Roberts court" continues to garner attention and devotion from conservatives, and to rule in favor of businesses. A new summary article by Roger Parloff is here, in Fortune  

As one would expect from a Fortune writer, Mr. Parloff often writes from the perspective of  business-friendly positions, and as a critic of plaintiff’s lawyers, as