Latest / The Jon and Marc Podcast
Tylenol Reborn, Talc Setbacks, and Covidien's First Bellwether Trial
Key Takeaways
Tylenol MDL Reinstated: The Second Circuit overturned the district court's exclusion of plaintiff experts, ruling that judges should not resolve active scientific debates at the gatekeeping stage. This brings the Tylenol autism/ADHD MDL back to life, with predictions that it could become the largest mass tort in history.
Redefining the Daubert Standard: By holding that reliable expert methodologies belong in front of a jury even if opinions conflict, the Second Circuit has shifted the risk-evaluation calculus across all MDLs—and signaled a potential reversal in the upcoming…
The skinny
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