The Jon & Marc Podcast

Proving Liability vs. Proving Damages: Lessons from the Uber MDL


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 Key Takeaways:


  • The Uber $5,000 Verdict: While the dollar amount was low, the verdict is seen as a "win-win" because it established Uber’s liability for driver conduct and cleared the "common carrier" hurdle in a defense-picked case.

  • Bard PowerPort Momentum: The first Bellwether trial has begun in Arizona; as a plaintiff pick, this case is crucial for setting the valuation and momentum for the 3,000+ pending cases.

  • SCOTUS & Roundup: The April 27th oral arguments regarding federal preemption could have massive ripple effects for Paraquat, hair relaxers, and any litigation involving "failure to warn" claims.

  • The "Old School" Appeal of Olympus Scopes: There is significant enthusiasm for the Olympus Scopes litigation because it follows a traditional medical device fact pattern with clear signature injuries.

  • Causation is King: The Uber result highlights that even when liability is clear, specific causation and the severity of damages remain the ultimate deciders of a case's global settlement value.

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The Jon & Marc PodcastBy Jon & Marc