If deemed beneficial, parties should discuss these opportunities early in the litigation when considering early technology-enabled MDL census and/or plaintiff fact sheet programs, pleading/census/plaintiff fact sheet deficiency analyses, and other AI-enabled management strategies.
If plaintiffs’ claims are not preempted, then the avenues to avoid preemption of FDA-approved drugs will be expanded well beyond that countenanced by U.S. Supreme Court jurisprudence.
New opportunities exist to better confront the significant data challenges presented by multidistrict litigation for product liability claims now that FRCP 16.1 is in effect and the sophistication of artificial intelligence is continuing to advance.
The new FRCP 16.1 establishes a process by which courts and parties can (and should) engage on key MDL case management issues from the outset of litigation.
Issues, including, notably, the prominent roles causation and product identification are expected to play as microplastics-based products liability claims emerge as an area of litigation.
An overview of the science of PFAS testing, by firm partners Gary Feldon and Carter Thurman
The article also considers plaintiffs’ evolving strategies to counter the learned intermediary doctrine and potential defense responses.
The article, by Firm partner Joseph Altieri, focuses on FRCP Rule 30(b)(6), which governs the deposition of the company itself, and offers a four-point strategy for in-house counsel.
By Grant W. Hollingsworth and Brett S. Covington for Bloomberg Law
By partner Brett Clements for Litigation Daily
By David Schifrin and Melissa Baney for DRI's For the Defense
By Hollingsworth LLP attorneys Aleksandra Rybicki, Stephanie Salek, and Sally Levin
Authored by associates Alexandra E. Patterson and Alexandra L. Stubblefield.
Expert analysis by Grant W. Hollingsworth and Brett S. Covington
By Carter Thurman for Washington Legal Foundation
