Practice Points

Four Tips for Winnowing Meritless MDL Cases

By Benjamin J. Broadhead and Christine R.M. Kain – September 28, 2020 | A few ways to combat plaintiffs employing a “park and ride” strategy.

COVID-19 PREP Act Declarations and EUAs for Medical Device Licensors

By James R. Browning Jr. – June 29, 2020 | Practitioners should review the relevant PREP Act declarations and FDA EUAs before and in advising clients who may be considering licenses giving free access to their intellectual property.

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Articles

The Rule of Law, and Rule 16, Persist in Multidistrict Litigations

By Pravin R. Patel and Samuel J. Mendez – July 31, 2020 | The Sixth Circuit drew on a line of cases in which appellate courts had reined in MDL courts seeking efficiencies outside the scope of the Federal Rules and section 1407.

Before COVID-19 Discouraged Litigation Tourism, There Were Snap Removals

By Monee Takla Hanna and Dustin B. Rawlin – July 31, 2020 | Now that the practice of snap removals has been cemented in three circuits and continues to gain acceptance, congressional amendment of the statute may be the only action to stem the tide.

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Audio

The Ford Personal Jurisdiction Cases: A Preview to Oral Argument in the Supreme Court

By Sarah Frederick and Jamie Santos – August 31, 2020 | The Supreme Court will soon hear oral argument in the Ford cases. Goodwin products liability and appellate partners Sarah Frederick and Jaime Santos discuss why the specific personal jurisdiction question raised in this petition is important and what we might expect to hear from the current Court on the issue. (12:35 min)

COVID-19: The Next Public Nuisance?

By Courtney Ward-Reichard – July 1, 2020 | In the COVID-19 era, businesses face the risk of lawsuits brought by employees or customers. In this presentation, Courtney Ward-Reichard discusses the use of public nuisance as a cause of action in class action lawsuits alleging exposure to the virus at a place of business, and defenses to such claims. (9:09 min)

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Mass Torts Litigation

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