Parties engaged in multidistrict litigation (MDL) face a crucial decision: which case or cases should be tried first? For both plaintiffs and defendants, bellwethers — the first trial or trials from the similar cases making up the MDL — can determine how the rest of the cases proceed. One current headlining case — the prescription opioid MDL pending before Judge Polster in federal district court in Ohio — shows both how hard it is to select bellwethers and why bellwethers matter.
Continue Reading Selecting Cases for Early Trials in Multidistrict Litigation: Which Way Will the Bellwethers Go?

Reportedly, the U.S. Consumer Product Safety Commission (CPSC) is notifying companies of what could be considered a data breach, an unauthorized release of confidential information that did not go through the procedures of 15 U.S.C. § 2055” – known colloquially as “6(b),” because they are found in Section 6(b) of the Consumer Product Safety Act (CPSA).
Continue Reading CPSC Unauthorized Disclosure Notifications: What to Do

Slack fill litigation can be frustrating for businesses – at times even infuriating. For companies yet to find themselves on the wrong side of a slack fill lawsuit, the claim often boils down to, “I thought there was more in the package even though the label said exactly what I was buying.” Slack fill claims have proliferated in recent years, driven in large part by how easy it has been for class action plaintiffs’ lawyers to plead a claim that will at least survive to the discovery phase – the expense of which causes many businesses to settle even frivolous cases. Yet in a rare breath of fresh air, Governor Jerry Brown recently signed California Assembly Bill 2632, which will amend California’s slack fill statutes to give companies a new tool for avoiding slack fill claims.
Continue Reading Three Slack Fill Regulatory Changes for Manufacturers to Watch