Dechert Re:Torts

Key Developments in Product Liability and Mass Torts

In this monthly newsletter you'll find insights and analysis covering significant legal trends, landmark cases, and strategic considerations for businesses facing complex litigation. It serves as a valuable tool for staying informed about the evolving landscape of tort law and its implications for various industries.

HOT TOPICS

Georgia’s New Tort Reform Laws Change the State’s Litigation Landscape

Georgia has adopted major tort reform that will impact personal injury and other civil cases in Georgia state court. Among other reforms, the new laws stay discovery while a motion to dismiss is pending; limit arguments to juries for noneconomic damages; provide for bifurcating liability and damages phases at trial; and regulate third-party litigation funding.

MDL MINUTE

Federal Preemption Shuts Down Failure-to-Warn Claims in Gardasil MDL

A federal judge dismissed the Gardasil bellwether cases, along with the non-bellwether cases that involve the same injuries, ruling that Merck could not unilaterally add warnings without new evidence as required by FDA regulations.

CLASS NOTES

Labcorp v. Davis: Will the Supreme Court Finally Address Uninjured Class Members?

During oral arguments in Labcorp v. Davis, the U.S. Supreme Court scrutinized whether the case is suitable for resolving the contentious issue of uninjured class members in class actions, with justices expressing procedural concerns that may prevent a definitive ruling on the matter.

ONPOINT

U.S. Supreme Court Holds RICO Does Not Bar Economic Damages Stemming from Personal Injury

Our team recently published an OnPoint analyzing the United States Supreme Court’s decision in Medical Marijuana, Inc. v. Horn, which held that while the federal Racketeer Influenced and Corrupt Organizations Act (“RICO”) does not permit recovery for personal injury, it does not preclude recovery for economic harms resulting from personal injuries.  The article discusses the decision’s implications and the challenges plaintiffs may face in characterizing lost wages and medical expenses as RICO injuries.