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Product Liability & Mass Tort Monitor: July 2025

The Product Liability & Mass Tort Monitor is a monthly newsletter delivering critical updates, data insights and actionable strategies for navigating the complexities of product liability and mass tort litigation....more

Eleventh Circuit Denies En Banc Request, Confirms Holding that Class Action Incentive Payments are Improper

On Wednesday, August 3, 2022, the Eleventh Circuit confirmed the groundbreaking decision that incentive payments given to a named plaintiff in a class action are improper by denying a petition for rehearing en banc that had...more

8/15/2022  /  Class Action , FRCP 23 , Incentives , Settlement

Fourth Circuit Outlines Burden of Proof for Objector to Class Action Settlement

In 1988 Trust for Allen Children Dated 8/8/88 v. Banner Life Insurance Co., 2022 WL 774731 (4th Cir. Mar. 15, 2022), the Fourth Circuit identified the correct burden of proof required for a party to object to a proposed class...more

State Environmental Enforcement Policies During COVID-19 And Response To EPA “Discretion” Policy

On March 26, 2020, the U.S. Environmental Protection Agency (EPA) announced it may ease enforcement of environmental legal obligations during the COVID-19 national emergency. Though some incorrectly interpreted this...more

EPA Indicates That It May Relax Enforcement Measures For Narrow Categories Of Environmental Legal Obligations Occurring After...

On March 26, 2020, the U.S. Environmental Protection Agency announced it may ease enforcement of environmental legal obligations during the COVID-19 national emergency. Though some have incorrectly interpreted this...more

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