Is The Supreme Court More Likely To Review Plaintiffs’ Or Defendants’ Wins From The Appellate Court In Tort Cases (1990-1999)?

For the next few weeks, we’ll be taking a deep dive on the Supreme Court’s tort cases. To begin, we’ll consider whether there is any relationship between the party which won at the Appellate Court and the result at the Supreme Court for the years 1990 through 1999.

The reversal rate for tort cases at the Supreme Court was around the same level at the beginning of the decade: 60% in 1990 and 50% in […]

By | September 23rd, 2021 ||

United States Supreme Court Declines To Hear Talcum Powder Appeal

On June 1, 2021, the United States Supreme Court declined to hear  Johnson & Johnson’s (J&J) appeal to overturn a $2.12 billion dollar damages award to 22 female plaintiffs who alleged their ovarian cancer was caused by J&J’s talcum powder products. This is a significant setback for defendants in defending consolidated multi-plaintiff mass tort trials and a juries ability to award large punitive damage awards.
Trial
In June of 2018, Ingham v. Johnson & Johnson  went to verdict following a […]

By | September 13th, 2021 ||

Second Circuit Court Of Appeals Articulates Important Limitations On Pleading Fraud In ‘Event-Driven’ Securities Class Actions

Securities fraud litigation based on regulatory mishaps, environmental disasters, data breaches, sexual harassment revelations, the COVID-19 pandemic and other well-publicized events that affect stock prices has been on the rise in recent years, overtaking more traditional securities claims arising from accounting scandals and corporate fraud.1 Such “event-driven” securities litigation often relies on the theory that a company downplayed or failed to disclose known risks, and thereby inflated the value of its securities, only to see […]

By | September 3rd, 2021 ||