Second Circuit Holds Named Plaintiffs In Class Action Must Be Named In Every Notice To Court Or Risk Losing Right To Appeal

Rule 3 of the Federal Rules of Appellate Procedure (“FRAP”) sets forth the requirements for filing an appeal in federal court. Recently, the U.S. Court of Appeals for the Second Circuit clarified that FRAP Rule 3(c)(1)(A) requires individual named plaintiffs to indicate their intent to appeal, even if members of a putative class, and “not merely rely on a notice of appeal filed by the lead plaintiffs or other persons qualified to represent the […]

By | August 11th, 2021 ||

New Jersey Talc Verdicts Overturned On Appeal For Daubert-Less Expert Opinions

A New Jersey appeals court recently overturned talc verdicts totaling $117 million in damages against Johnson & Johnson Consumer Inc. (JJCI) and Imerys Talc America, Inc. (Imerys) after finding expert testimony was Daubert-less, thus improper and warranted new trials.
The Case
On December 23, 2016, Plaintiffs Stephen Lanzo III and his wife filed a complaint against multiple defendants, including JJCI and Imerys, claiming that Mr. Lanzo was exposed to asbestos and contracted mesothelioma from his long-term use […]

By | August 1st, 2021 ||

Evolution Of The Sixth Circuit Approach To §1292(b) Petitions For Interlocutory Appeals

In our previous post, we discussed the difficulties of succeeding with a Section 1292(b) petition in both the district court in the circuit court.  We also noted that while the Sixth Circuit’s rate of acceptance of orders already certified by district courts has been higher than average for federal circuit courts.  We then reviewed decision from the past few years, and found that the Sixth Circuit has recently been accepting for appeal about 90% […]

By | July 26th, 2021 ||