The Third Circuit issued an important medical monitoring decision yesterday. Sheridan v. NGK Metals Corp., 2010 WL 2246392 (3d Cir. June 7, 2010). Although this case does not involve a drug or a device, several rulings should prove useful to lawyers who handle drug and device cases. To get the key points of this hot little decision in your hands quickly, we’ll cut right to the chase without Monty Python clips, exercises in alliteration, (more…)

Thanks to a newspaper reporter of all people for this tip – John Ellement of the Boston Globe. The case involved, Donovan v. Philip Morris (go here and click on, first, “slip opinions” and then “Supreme Judicial Court” and finally “opinions”), is a cigarette case, and since both of our firms represent tobacco companies we’re limited in what we can say. So we’ll concentrate on the elements of the “medical monitoring” cause of action that (more…)

We’ve been doing some research in anticipation of the upcoming ALI meeting at which the Principles of the Law of Aggregate Litigation will be voted on (we hope ALI members interested in class actions and the like will come out, debate the issues, and vote), and in the spirit of cross-fertilization, we thought we’d share it with our readers. The only question we have is the format. We were impressed with reader response we had to the 50-state (more…)

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