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The $60M NEC Setback, Talc Dismissal Tactics, and AFFF Docket Cleanup
Key Takeaways
NEC $60M Verdict Overturned: The Illinois appellate court reversed a massive 2024 plaintiffs' verdict due to improper jury instructions regarding failure to warn claims and the improper handling of prejudicial executive compensation evidence, forcing a retrial.
J&J Seeks Total Talc Dismissal: Capitalizing on a recent California defense verdict and the subsequent withdrawal of two key plaintiffs' experts, Johnson & Johnson is aggressively pushing to dismiss the entire MDL with prejudice, a move the plaintiffs' bar plans to fiercely oppose using alternative experts.
AFFF Docket Cleanup Underway: Defendants in the AFFF individual personal injury litigation are moving to dismiss roughly 10,000 cases over missing fact sheets and unverified diagnoses. This mass inventory purging is viewed as a highly positive signal that defendants are calculating viable case counts ahead of potential settlement negotiations.
Lone Pine Constraints: Due to a Lone Pine order currently in place for the AFFF personal injury docket, the litigation is becoming increasingly technical and challenging, meaning explosive new case-filing volume is highly unlikely.
Global Pressures on Social Media Tech: The UK has announced a sweeping ban on social media for children under 16 effective in 2027. Combined with similar bans in Australia and Spain, plus upcoming mainstream whistle-blower media, global regulatory and legal pressures are forcing major tech platforms onto the defensive.
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By Jon & MarcKey Takeaways
NEC $60M Verdict Overturned: The Illinois appellate court reversed a massive 2024 plaintiffs' verdict due to improper jury instructions regarding failure to warn claims and the improper handling of prejudicial executive compensation evidence, forcing a retrial.
J&J Seeks Total Talc Dismissal: Capitalizing on a recent California defense verdict and the subsequent withdrawal of two key plaintiffs' experts, Johnson & Johnson is aggressively pushing to dismiss the entire MDL with prejudice, a move the plaintiffs' bar plans to fiercely oppose using alternative experts.
AFFF Docket Cleanup Underway: Defendants in the AFFF individual personal injury litigation are moving to dismiss roughly 10,000 cases over missing fact sheets and unverified diagnoses. This mass inventory purging is viewed as a highly positive signal that defendants are calculating viable case counts ahead of potential settlement negotiations.
Lone Pine Constraints: Due to a Lone Pine order currently in place for the AFFF personal injury docket, the litigation is becoming increasingly technical and challenging, meaning explosive new case-filing volume is highly unlikely.
Global Pressures on Social Media Tech: The UK has announced a sweeping ban on social media for children under 16 effective in 2027. Combined with similar bans in Australia and Spain, plus upcoming mainstream whistle-blower media, global regulatory and legal pressures are forcing major tech platforms onto the defensive.