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Class certification denied in baby formula case

Dechert LLP
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USA
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February 1 2012

A federal court last week denied class certification in a lawsuit over insect parts allegedly found in baby formula, recognizing that the claims raised multiple individual issues

Court of Appeals affirms dismissal of FEMA trailer claims

Dechert LLP
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USA
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January 30 2012

The Fifth Circuit last week upheld the dismissal of putative class actions filed by Mississippi and Alabama residents against the federal government alleging trailers provided to Hurricane Katrina-impacted citizens contained hazardous levels of formaldehyde

Court of appeals compels arbitration, not class litigation

Dechert LLP
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USA
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January 26 2012

The role of alternative dispute resolution mechanisms in alleged consumer product defect cases continues to be a hotly disputed issue

State supreme court reverses dangerous expansion of product liability

Dechert LLP
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USA
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January 18 2012

The California Supreme Court held last week that the law does not impose liability on manufacturers of equipment used in conjunction with asbestos-containing parts made by others

Ninth Circuit decertifies consumer fraud class

Dechert LLP
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USA
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January 17 2012

The Ninth Circuit last week reversed the certification of a nationwide class raising consumer fraud claims against an auto maker

Another Federal Court weighs in on meaning of Nicastro

Dechert LLP
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USA
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January 13 2012

We have tried to keep an eye out for lower court cases interpreting the Supreme Court decision in J. McIntyre Machinery Ltd. v. Nicastro, as the lower courts parse through plurality, concurring and dissenting views on the exercise of personal jurisdiction over foreign defendants -- with mixed results

New law takes effect regarding venue, removal

Dechert LLP
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USA
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January 11 2012

For all the litigators out there, a reminder that the Federal Courts Jurisdiction and Venue Clarification Act of 2011, H.R. 394, P.L. 112-63. took effect last week

Dismissal of Actimmune proposed class action affirmed

Dechert LLP
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USA
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January 10 2012

The Ninth Circuit late last month upheld the dismissal of a proposed class action concerning alleged off-label marketing of the drug Actimmune

Huge asbestos verdict vacated after judge recusal

Dechert LLP
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USA
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January 9 2012

A Mississippi state court late last month vacated the huge $322 million jury verdict in an asbestos case against Union Carbide Corp

MDL status denied in beverage litigation

Dechert LLP
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USA
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January 5 2012

The Judicial Panel on Multidistrict Litigation declined to consolidate the suits brought by plaintiffs attacking the marketing of beverages as “all natural” even though they allegedly contained a preservative

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