Mass Tort Mania The Effect of Saturation Advertising on Claims , Courts
نویسنده
چکیده
54 ■ For The Defense ■ April 2017 ■ Michael Crist is a partner at DLD Lawyers with over 27 years of experience in product liability, toxic tort, and insurance defense litigation. He has been a member of trial teams in multiple states and has served as national coordinating and trial counsel. Mr. Crist has presented seminars and authored articles on a variety of topics and is a member of DRI. Mass Tort Mania The Effect of Saturation Advertising on Claims, Courts, and Memories
منابع مشابه
Getting into Court: Standing, Political Questions and Climate Tort Claims
Within the time span of 1 month in late 2009, three Federal courts in the USA issued decisions touching on the justiciability of nuisance and other common law tort claims relating to climate change. These cases demonstrate that Massachusetts v. EPA (the US Supreme Court Case involving the question of the US Environmental Protection Agency’s (EPA) authority to regulate greenhouse gases (GHGs) un...
متن کاملThe impact of Wyeth v. Levine on FDA regulation of prescription drugs.
In Wyeth v. Levine, decided in March, 2009, the United States Supreme Court concluded that the plaintiff's failure to warn claim against the makers of the drug Phenergan was not impliedly preempted by the Food, Drug and Cosmetic Act. In doing so, the Court rejected the argument of the U.S. Food and Drug Administration (FDA) that tort claims of this nature stand as an obstacle to federal regulat...
متن کاملAllocation Rules and the Stability of Mass Tort Class Actions
This paper studies the effects of allocation rules on the stability of mass tort class actions. I analyze a two-stage model in which a defendant faces multiple plaintiffs with heterogeneous damage claims. In stage 1, the plaintiffs play a noncooperative coalition formation game. In stage 2, the class action and any individual actions by opt-out plaintiffs are litigated or settled. I examine how...
متن کاملRunning the Gamut from A to B: Federal Trademark and False Advertising Law
The Lanham Act bars trademark infringement and false advertising in nearly identical and often overlapping language. In some circumstances, courts have interpreted the two provisions in the same way, but in other areas there has been significant doctrinal divergence, often to the detriment of the law. This Article argues that each branch of the Lanham Act offers important lessons for the other....
متن کاملPlaintiff Pseudonymity and the Alien Tort Claims Act: Questions and Challenges
Since the early 1970s, an increasing number of plaintiffs in U.S. federal civil litigation have attempted to sue anonymously to conceal their identities from the general public or defendants. To be sure, this litigation represents a tiny fraction of all civil actions, since cases where plaintiffs are permitted to proceed with a “Doe” or similar appellation remain rare due to constitutional and ...
متن کامل