Tag Archives: litigation

Northern District of Illinois Employs the “Substantially Similar” Test to Decide Whether a Plaintiff Has Standing to Assert Claims for Products He Did Not Purchase

The question of whether, and under what circumstances, a plaintiff can represent a class as to products he or she did not purchase, remains a vexing one for courts.  Judge St. Eve of the Northern District of Illinois recently weighed in on this issue.  In Wagner v. General Nutrition Corp., (No. 16-cv-10961, July 19, 2017), … Continue Reading

Northern District of Illinois Commences Mandatory Initial Discovery Pilot Program

On June 1, 2017, the Mandatory Initial Discovery Pilot Project (MIDP) took effect in the Northern District of Illinois. With only limited exceptions, the MIDP applies to all cases filed after June 1 and significantly impacts how cases in the Northern District of Illinois will proceed. In particular, cases in which defendants are seeking to … Continue Reading

Developments in Recent NY Medical Monitoring Claims

As readers of this blog know, we have been closely following developments regarding claims for medical monitoring.  (Medical Monitoring Claims in Illinois, Part 1; Medical Monitoring Claims in Illinois, Part 2.) A recent decision arising out of Hoosick Falls, New York, allowed Plaintiffs’ request for a medical monitoring fund to survive defendants’ motion to dismiss. On … Continue Reading

GT’s Rob Herrington Honored by Century City Bar Association as 2017 Class Action Litigation Lawyer of the Year

California’s Century City Bar Association (CCBA) recently selected GT Century City shareholder Robert J. Herrington, Co-Chair of the global law firm’s Products Liability and Mass Torts Practice, as the 2017 Class Action Litigation Lawyer of the Year. Herrington was honored at the Association’s 49th Annual Installation Banquet and Awards Ceremony at the Intercontinental Hotel, Century … Continue Reading

GT Attorneys to Address Prop. 65 in Practice – Lessons Covering Hot Topics and Recent Developments Affecting Consumer Product Companies

On Tuesday, April 4, 2017, at 1:00 pm ET, Greenberg Traurig Attorneys Anthony Cortez and Greg Sperla will be presenting a webinar hosted by AudioSolutionz entitled “Proposition 65 – Hot Topics and Recent Developments Affecting Consumer Product Companies.”  This webinar will assist attendees to better understand the Impact of Proposition 65 on retail business and … Continue Reading

Will Ninth Circuit Class Actions Force Resolution of Ascertainability Circuit Split?

“Ascertainability” in the context of civil litigation involves the identification of individuals who qualify for membership in a putative class action. Although not an explicit requirement under Rule 23, since the US Court of Appeals for the Third Circuit refused to certify a class due to difficulties in objectively and efficiently identifying class members in … Continue Reading

Greenberg Traurig Food & Beverage Attorneys to Speak at Natural Products Expo West

Global law firm Greenberg Traurig, LLP shareholders Robert J. Herrington, Justin J. Prochnow, and Rick L. Shackelford will participate in this year’s Natural Products Expo West convention, held Wednesday, March 9, to Sunday, March 13, 2016, at the Anaheim Convention Center. This event is the world’s largest natural, organic, and healthy products expo. Greenberg Traurig’s … Continue Reading

Campbell-Ewald v. Gomez: Unaccepted Offers of Judgment Do Not ‘Moot’ a Claim, But Ruling Leaves Door Open For Offers Accompanied by Tender

Last week, the Supreme Court issued its much anticipated decision in Campbell-Ewald Co. v. Gomez, 577 U.S. ___ (2016). In a 6-3 opinion, Justice Ginsburg, writing for the majority, held that an unaccepted Rule 68 offer of judgment does not “moot” a claim because “[u]nder basic principles of contract law,” an offer without acceptance is a … Continue Reading

Seventh Circuit Recognizes Availability of Differential Etiology to Prove Both General and Specific Causation

On Aug. 26, 2015, the Seventh Circuit affirmed the exclusion of three expert witnesses who proffered opinions based on differential etiology as unreliable, but noted that “there may be a case where a rigorous differential etiology is sufficient to help prove, if not prove altogether both general and specific causation.” C.W. v. Textron, Inc., No. 14-3448 … Continue Reading
LexBlog