The Basics On Picking Out Central Issues In
(I tried that latter title six years ago, when the first edition of the book appeared; no one bothered clicking through back then.) So I’m trying a new scam. Look at the titles of stories over at Vox . Half the titles are either “Blather, Blather, Explained” or “Blather, Blather: What We Know.” The folks at Vox aren’t stupid, so those titles must attract readers. Hence, the explanation for my title today: The name of my book, followed by the word “Explained.” Let’s hope it works. It’s a 400-page treatise about the defense of pharmaceutical and medical device product liability claims. And we (I have two co-authors, David B. Alden of Jones Day and Geoffrey M. Drake of King & Spalding) tucked a couple of interesting things in those pages. (It’s like “Where’s Waldo?” Find the interesting stuff in the 400 pages! I dare ya!) Okay, here’s a hint: The law of personal jurisdiction has changed in favor of the defense since we published the first edition back in 2011. Daimler AG v. Bauman and Bristol-Myers Squibb Co. v. Superior Court of California together make it far more difficult for plaintiffs to aggregate mass tort claims in states that are the domicile of neither the defendant nor the plaintiffs. That helps defendants avoid the aggregation of mass tort claims in a jurisdiction chosen only because the jurisdiction is known to be favorable to plaintiffs. Back in 2011, it appeared as though the Judicial Panel on Multidistrict Litigation would consolidate a bunch of ham sandwiches . No more. Between the time of the MDL Panel’s formation in 1968 and June 2014, the MDL Panel granted 185 out of the 255 motions that it received to coordinate product liability cases, for a 72.55 percent grant rate. But the tide turned in 2015. In 2015, the Panel granted only 47.8 percent of the motions to centralize that it heard, and in 2016 the Panel had only a 47.2 percent grant rate. It looks like you’ll have to eat your ham sandwich alone.
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