Mass Tort News – November

Round-Up Cases Continue – On November 9, 2020, MDL Judge Vince Chhabria has activated a docket of cases that failed to settle.  This is likely designed to push the parties towards settlement, but some cases take longer than others to process, and some settlements are unique.  These cases that have not settled will likely settle in the near future. “Substantial Progress” on Settlement – The case is proceeding to a global…

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Round-Up Litigation Updates

 As of September 17, 2020, there are 3,704 plaintiffs in the MDL.  Nearly 2000 of those cases remain unresolved via settlement, but nearly half of those are in active settlement discussions. In the most recent status conference, Judge Chhabria maintained the litigation stay in place until November 2, 2020, the date of the next status conference.  Indications are that, if not settled, bellwether trials could come quickly, with the Gebeyehou…

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Mass Tort News – September

Zantac will have heartburn for some time. On June 22, 2020, the plaintiffs filed their Master Personal Injury Complaint. The Plaintiffs in the case are people who took prescription or over-the-counter (OTC) Zantac or generic ranitidine over a period of time, later developed certain cancers, and then brought a claim for damages. The defendants in the MDL include brand-name and generic manufacturers, along with distributors, retailers and repackagers. As of…

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Attorney Advertising – New Ethical Rules

As is common in any other industry, lawyers are constantly on the lookout for new tactics to attract business and build their reputations. These days, technology can help lawyers target potential clients and promote their services in new and creative ways. It’s important to remember, however, that advertising as a lawyer is by no means an “anything goes” type of matter. Lawyers must respect several ethical rules which limit what…

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Respect Client Confidentiality and Advertising Rules When Crafting Online Bios

Almost all attorneys have some sort of presence online, be it through professional networking sites such as LinkedIn or their law firms. Most law firms do indeed publish a bio for each attorney they employ, typically covering their education, practice areas, and any prior experience they may have. Online bios are nothing out of the ordinary, but an attorney’s management of their bio does pose certain risks that they should…

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Resolving Fee Disputes Using Mandatory Arbitration

There are many states which have recognized the advantages of resolving a lawyer-client fee dispute through arbitration. However, since such arbitrations are not always binding and may also not be mandatory, lawyers and clients who want to avoid any doubt about the proper forum for a fee dispute may opt to include certain mandatory arbitration clauses in their engagement letters. Provisions such as these have been the subject of litigation…

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Legal Malpractice Claims and Common Defenses

While some mistakes may typically be at issue in a legal malpractice claim, there is generally no such things as a typical legal malpractice claim. Legal malpractice claims are usually very fact intensive and as such, even when the facts appear straightforward, more often than not there are unique circumstances which dictate whether a lawyer will actually be found liable. What’s more, since legal malpractice claims may appear to be…

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How to Conduct Ethical Depositions

Defending or taking depositions is something common when dealing with litigation. Developing facts can be a helpful tool, but potential abuses by a lawyer or the potential risks for them can be an issue. There are several high-profile decisions where courts have punished lawyers for showing improper conduct in depositions. As such, disregarding the rules which govern proper deposition conduct may pose serious risks for lawyers and their clients. The…

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