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Tylenol MDL Highlights Expert Admissibility Headaches

Law 360

A New York federal court's decision to exclude all plaintiff experts in a multidistrict litigation concerning prenatal exposure to Tylenol highlights a number of expert testimony pitfalls that parties should avoid in product liability and mass tort matters, say Rand Brothers and Courtney Block at Winston & Strawn.

Tort 52
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Justices order vigorous enforcement of choice-of-law clauses in maritime insurance contracts

SCOTUSBlog

The argument revealed a bench deeply skeptical of the uncertainty maritime insurance contracts would face under a lower-court decision limiting the enforcement of choice-of-law clauses in those contracts. The contract, like most American marine insurance contracts, called for the application of New York law.

Contract 109
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Out Now: The Latest Issue of the Japanese Yearbook of International Law (Vol. 67, 2024)

Conflict of Laws

Readers of this blog may find particular interested in selected articles, case notes, books review and English translations of court decisions related to private international law. 117(1) of the Child Abduction Convention Implementation Act to a Return Agreement in an In-Court Conciliation (p. xxxix, 302.

Laws 59
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Review of Afifah Kusumadara, Indonesian Private International Law, Oxford: Hart Publishing, 2021, 288 pp, hb $140

Conflict of Laws

Pereira (Supreme Court decision 376 K/Pdt. Indonesian legislation and court practice generally uphold the principle of party autonomy. The chapter further discusses the law applicable to specific torts, including negligence, nuisance, wrongful interference with goods, defamation, and environmental damage and pollution.

Laws 59
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Supreme Court Rejects Cause of Action Under Bivens Against Border Patrol Agent

Constitutional Law Reporter

Border Patrol agent, that a Turkish national, arriving in Seattle by way of New York, had scheduled transportation to Smuggler’s Inn. Boule filed a grievance with Agent Egbert’s supervisors and an ad- ministrative claim with Border Patrol pursuant to the Federal Tort Claims Act (FTCA).

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Praxis des Internationalen Privat- und Verfahrensrechts (IPRax) 4/2021: Abstracts

Conflict of Laws

Supreme Court decision in March 2021 in Ford vs. Montana now permits the exercise of specific jurisdiction when the claim arises out of or is (sufficiently) “related” to the defendant’s in-state contacts and activities. This comment raises the question whether the decision reduces or in effect continues the previous uncertainty.

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Climate Litigation Chart Updates – November 2016

ClimateChange-ClimateLaw

The Ninth Circuit Court of Appeals reversed a district court decision that vacated the listing of the Beringia distinct population segment (DPS) of the Pacific bearded seal subspecies as “threatened” under the Endangered Species Act (ESA). Exxon Sought to Block New York Attorney General Investigation in Texas Federal Court.