Recalls and Class Action Litigation: MDL Litigation, Similar Incidents (OSI) Cases, and No Injury Class Action Suits

June 15, 2017 1:10pm

Colin P. Smith
Partner
Holland & Knight LLP

Maureen Doerner Fogel
Member
Herzelf & Rubin, P.C.

S. Vance Wittie
Counsel
Drinker Biddle & Reath LLP

Terri S. Reiskin
Member
Dykema Gossett PLLC

Recalls & MDL  
  • Lessons learned from recent MDL litigation cases involving air bags and emissions
  • Federal MDL v. State MDL cases
  • Developing a strategy when plaintiff gets notice of a recall after an accident
  • What is the litigation strategy for recall cases?: Strategies for helping the jury understand that despite recall company acted reasonably in terms of timing and notification of issuance of recall; Punitive damages
  • Plaintiffs bring other claims who are in similar accidents or have similar issues
    • Evidentiary issues
    • Issues of defect
  Class Action Litigation
  • What cases are recently decided and brewing that will directly affect manufacturers and consumers? Where is the battleground today and for the near future in Class Actions?
  • Voluntary actions undertaken by a manufacturer to moot a class action law suit: Motion practice; Voluntary recalls; Repairing the defect free of charge; Reimbursement to consumer
  • Continuing impact of Spokeo
  • Examining the shift from individual product liability cases to class action litigation