Combatting New and Creative Plaintiff’s Bar Tactics in FDA Consumer Product Class Actions

October 17, 2023 1:15pm

Jason Meltzer
Partner
Gibson, Dunn & Crutcher LLP

Jason Stiehl
Partner
Crowell & Moring LLP

  • Examining creative plaintiffs’ bar tactics being used in these types of class actions as well as winning defense strategies to combat them
  • Identifying new types of causes of actions being brought: what do current trends in class claims predict about potential future class action activity?
  • Exploring examples where plaintiff’s counsel has been successful in defeating preemption defenses
  • In light of new developments in preemption, predicting how plaintiff’s bar tactics may change going forward