Fifth Circuit Affirms Dismissal of Stapler-Death Suit Over Missing Presuit Notice
The appeals court held that Texas's presuit notification requirement is an element of warranty claims, not a procedural formality that can be cured after filing.
Practice area · Product Liability
First Circuit Rejects Boston’s Tolling Bid in PBM Opioid-Nuisance Case
The panel held that Massachusetts fraudulent-concealment tolling did not save Boston’s public-nuisance claim against OptumRx and Express Scripts because public litigation, reports and other materials gave the city the means to investigate alleged PBM wrongdoing before the limitations period expired.
Fourth Circuit Revives Illinois Union’s Bid to Seek Arbitration Stay in AFFF MDL
The court vacated an order that blocked Illinois Union from filing a stay motion in the Bouvet case, holding that MDL case-management rules cannot make an insurer’s FAA remedy contingent on lead counsel’s consent.
Fourth Circuit Revives Illinois Union’s Bid to Seek Arbitration Stay in AFFF MDL
Published ruling says an MDL court’s case-management procedures cannot condition an insurer’s statutory right to pursue a stay pending arbitration on lead counsel’s consent.