(U.S., filed September 1, 2021): Supporting the petition for certiari. Arguing that the Court should resolve the conflicting constructions of the Daubert standard. Consistent nationwide evidentiary standards are essential, particularly in the mass tort context. The Ninth Circuit’s approach to Daubert for medical causation conflicts with other circuits, and leads to peculiar results. Also arguing that the Court should grant certiorari to address the court of appeals’ anomalous preemption ruling. Uniformity in federal preemption—both under FIFRA and beyond—is an issue of immense importance to regulated businesses operating nationwide. The decision below disrupts uniformity, misapplies Bates, and brings confusion to the interpretation of identical preemption language.
The American Tort Reform Association (ATRA) is disappointed to learn that the U.S. Court of Appeals for the Third Circuit ruled against LTL Management, LLC in a case regarding the […]
This op-ed was originally published by Agri-Pulse. Mass tort litigation has become a multi-billion-dollar industry for trial lawyers over the past several decades as they’ve targeted everything from tobacco and […]