Mass Torts Archives

PFAS Litigation: Predicted Trends Given Regulatory Changes
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PFAS Litigation: Predicted Trends Given Regulatory Changes

PFAS Litigation: Predicted Trends Given Regulatory Changes

July 2nd, 2024|Categories: CLE OnDemand, Environmental Torts, Mass Torts|Tags: Emerging Litigation & Risk, Fraud, Healthcare Fraud, Per- and Polyfluoroalkyl Substances (PFAS), Risk Management|

Every week, the PFAS litigation and regulatory landscape changes dramatically. The EPA presses forward full steam ahead with numerous PFAS regulations, while the states have proposed hundreds of pieces of legislation related to PFAS in the last three years. Meanwhile, class action litigation, environmental pollution litigation, and greenwashing suits are being filed against companies at a dramatically increasing rate year after year. In this CLE webinar, CMBG3 Law attorney John Gardella discusses the latest on regulatory and litigation issues related to PFAS and how they will impact corporations.

The Medical Monitoring Tort Remedy
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The Medical Monitoring Tort Remedy

The Medical Monitoring Tort Remedy

June 4th, 2024|Categories: Class Actions, CLE OnDemand, Complex Business Litigation, Mass Torts|Tags: Claims management, Emerging Litigation & Risk, Litigation & appeals, Medical Malpractice, Scientific & Medical Studies, Toxic Torts|

The medical monitoring tort remedy – allowing for medical monitoring without physical injury – is recognized in 14 states and not allowed in 23. The law is divided in two states while the rest have not specifically addressed the issue. States that allow medical monitoring to do so when a group of claimants is at increased risk of disease or injury due to exposure to a known hazardous substance or a dangerous product as the result of a defendant’s conduct. Under this tort remedy, claimants are tested periodically, for an agreed or decided period, usually between 10 and 40 years. In this CLE webinar, Gentle Turner & Benson LLC attorneys Edgar (“Ed”) C. Gentle III and Katherine (“Kip”) A. Benson discuss the evolution of the medical monitoring tort, related cases, tests to determine whether the tort should be applied, types of monitoring, and the arguments for an against medical monitoring.

Cracking the College Sports “Cartel”: Good for Athletes, Competition, and the Games by Joy Sidhwa and Tim LaComb
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Cracking the College Sports “Cartel”: Good for Athletes, Competition, and the Games by Joy Sidhwa and Tim LaComb

Cracking the College Sports “Cartel”: Good for Athletes, Competition, and the Games by Joy Sidhwa and Tim LaComb

February 13th, 2024|Categories: Class Actions, Complex Business Litigation, Emerging Litigation & Risk, HB Tort Notes, Journal, Mass Torts, New Featured Post for Home Page, News|Tags: Antitrust, Litigation & appeals, Sports, Trade Regulation|

Momentum in the national debate over whether a college athlete should profit from licensing deals for their “names, images, and likenesses,” or NILs, swung in favor of players on June 21, 2021, when the Supreme Court ruled for the athletes in NCAA v. Alston. Authors Joy Sidhwa and Tim LaComb of MoginRubin, LLP discuss the impacts of the decision and subsequent court decisions and state legislation which have further cemented and defined the changing amateurism rules in college sports. As the authors note, "the ultimate test of whether amateurism drives demand will come after new state laws allow compensation unrelated to education. If compensation doesn’t trigger a drop in demand, the NCAA will lose its procompetitive justification for the restriction and likely bring an end to amateurism rules".

Massive Mass Tort Settlements and Liability Forecasting
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Massive Mass Tort Settlements and Liability Forecasting

Massive Mass Tort Settlements and Liability Forecasting

February 1st, 2024|Categories: Complex Business Litigation, ELP, Environmental Torts, Mass Torts|Tags: Claims management, Liability Claims, Life Sciences, Litigation & appeals, Risk Management, Scientific & Medical Studies, Toxic Torts|

In this episode, we discuss Liability Forecasting and the role it plays in the administration of massive, sometimes multi-billion-dollar mass tort settlement trusts with guests Mark Eveland and Ed Silverman of Verus LLC, which provides litigation support services to law firms working on mass torts, such as case management and medical review services, settlement administration, business and advisory services, and analytics. Liability forecasting mechanisms were built to fairly and judiciously compensate current and future claimants for their injuries. Listen and learn more!

Litigation After Biometric Privacy Law Violations: Policyholder Victories and Their Implications
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Litigation After Biometric Privacy Law Violations: Policyholder Victories and Their Implications

Litigation After Biometric Privacy Law Violations: Policyholder Victories and Their Implications

January 19th, 2024|Categories: Corporate Compliance, Emerging Litigation & Risk, HB Tort Notes, Insurance, Journal, Mass Torts, New Featured Post for Home Page, News|Tags: Artificial Intelligence (AI), Claims management, Cybersecurity, Emerging Litigation & Risk, Insurance Companies|

Insurance companies are implementing new measures to try to avoid paying for liabilities attached to consumer and employee biometric privacy law violations. The authors, Cort Malone and Abigail Damsky explore the issues companies and policyholders should be examining to ensure adequate protection in the present and future. As the authors note, “as more states pass biometric privacy laws, it is critical not only to follow court decisions but also to understand how insurance companies are attempting to avoid liability for such claims.”

Expert Depositions and Trial Disclosures: What Every Litigator Needs to Know
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Expert Depositions and Trial Disclosures: What Every Litigator Needs to Know

Expert Depositions and Trial Disclosures: What Every Litigator Needs to Know

January 17th, 2024|Categories: Complex Business Litigation, Emerging Litigation & Risk, HB Tort Notes, Journal, Law Firm Operations, Mass Torts, New Featured Post for Home Page, News|Tags: Claims management, Depositions, Evidence, Trial, Trial Skills|

Expert disclosures in litigation are vitally important for trial testimony and planning for trial. The author, Ethan Minkin examines issues surrounding expert depositions and trial disclosures, which he argues need to be appreciated to avoid unanticipated surprises at trial. As Ethan discusses, "the pretrial process requires an eye toward the future. Trial work is not limited to just knowing the applicable Rules of Evidence. The applicable Rules of Civil Procedure play an equally important, if not greater, role in helping to define what will happen at trial".

Copyright Issues in Generative AI for Software: Doe v. Github, Inc. et al.
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Copyright Issues in Generative AI for Software: Doe v. Github, Inc. et al.

Copyright Issues in Generative AI for Software: Doe v. Github, Inc. et al.

January 17th, 2024|Categories: Emerging Litigation & Risk, HB Tort Notes, Intellectual Property, Journal, Mass Torts, New Featured Post for Home Page, News, Technology Law|Tags: Artificial Intelligence (AI), Copyright Law, Emerging Litigation & Risk, Legal Research & Writing, Litigation & appeals|

The ongoing case of Doe v. Github Inc. et al. addresses copyright-related issues inherent in the Copilot generative AI that allows users to enter prompts to generate software code. This case addresses many of the issues involved in the training and use of generative AI for generating software code. The author, Jeffrey Gluck examines these issues, which he anticipates will have far-reaching implications for AI-generated works in the future. As Jeffrey notes, "Github is a case that may have far-reaching implications for AI-generated works in the future".

The Promise and Peril of Quantum Computing and Its Implications for Cyber Insurance
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The Promise and Peril of Quantum Computing and Its Implications for Cyber Insurance

The Promise and Peril of Quantum Computing and Its Implications for Cyber Insurance

January 17th, 2024|Categories: Emerging Litigation & Risk, HB Tort Notes, Insurance, Journal, Mass Torts, New Featured Post for Home Page, News, Technology Law|Tags: Artificial Intelligence (AI), Cybersecurity, Emerging Litigation & Risk, Insurance Companies, Risk Management|

Quantum computing, like artificial intelligence, is one of several emerging technologies that could either save the planet or end the world, depending on which expert is holding forth on the issue. This article explores the promise and peril of quantum computing and the potential coverage implications under cyber insurance policies. As Cameron notes, "while cyber insurance may provide some coverage for hazards that result from quantum computing, those policies may not respond to many of the risks".

FTC v. Amazon: Market Definitions and Section 5 of the FTC Act
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FTC v. Amazon: Market Definitions and Section 5 of the FTC Act

FTC v. Amazon: Market Definitions and Section 5 of the FTC Act

December 21st, 2023|Categories: Complex Business Litigation, Corporate Compliance, HB Tort Notes, Journal, Mass Torts, New Featured Post for Home Page, News|Tags: Antitrust, Appeals, Corporate & Securities, Emerging Litigation & Risk|

Traditional antitrust economics face significant challenges grappling with the relatively new digital economy. The author, Jonathan Rubin examines these and other issues raised in the case of FTC v. Amazon, which he anticipates will be a crucial test for antitrust and the FTC Act.

PFAS Regulation, Litigation, and Differentiation
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PFAS Regulation, Litigation, and Differentiation

PFAS Regulation, Litigation, and Differentiation

November 9th, 2023|Categories: ELP, Environmental Torts, Mass Torts|Tags: Per- and Polyfluoroalkyl Substances (PFAS), Product Liability, Toxic Torts|

In this episode, we give you some history of the PFAS compounds, discuss some of their important differences, review what litigation we're seeing (including the various claims and defenses), note what we can learn from recent settlement structures, forecast the impact of any new regulation, and predict what litigation might be next. Listen to our guests David Marmins and Morgan Harrison of Arnall Golden Gregory LLP.

PFAS Regulation: EPA Ushers in Next Era of Mass Tort and Environmental Litigation
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PFAS Regulation: EPA Ushers in Next Era of Mass Tort and Environmental Litigation

PFAS Regulation: EPA Ushers in Next Era of Mass Tort and Environmental Litigation

September 21st, 2023|Categories: Emerging Litigation & Risk, Environmental Torts, HB Tort Notes, Journal, Mass Torts, New Featured Post for Home Page, News|Tags: Emerging Litigation & Risk, Environmental Protection Agency (EPA), Litigation & appeals, Per- and Polyfluoroalkyl Substances (PFAS)|

PFAS claims are the next frontier of mass tort and environmental litigation. With the EPA poised to finally enact the first regulation of these chemicals, that frontier is ripe for exploration. This article explores PFAS and the origin of litigation around the substances as well as the state of PFAS litigation and regulation today. It concludes with some thoughts on what to expect when it comes to PFAS litigation going forward.

TVPRA, State Statutes Open Door for Civil Damage Claims by Human-Trafficking Victims
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TVPRA, State Statutes Open Door for Civil Damage Claims by Human-Trafficking Victims

TVPRA, State Statutes Open Door for Civil Damage Claims by Human-Trafficking Victims

September 19th, 2023|Categories: Complex Business Litigation, Employment, HB Tort Notes, Journal, Mass Torts, New Featured Post for Home Page, News|Tags: Civil Authority, Emerging Litigation & Risk, Liability Claims, Litigation & appeals, Personal Injury|

Since 2003, when Congress opened the door for human-trafficking victims to sue for civil damages under the Trafficking Victims Protection Act of 2000 (TVPRA), the TVPRA and similarly drafted state statutes have allowed for human-trafficking victims to seek civil damages against any party that has benefited from their trafficking. Given this expansive inclusion of third-party liability, more and more businesses, especially those in the hospitality industry, are ultimately the ones left to pay for the criminal acts of human traffickers. In this article, the authors, Coryne Leyendecker and Pamela Lee discuss the evolving litigation around human-trafficking claims and offer guidance on how businesses can build a foundation for their own defense while simultaneously helping prevent human-trafficking crimes from occurring in the first place.