A selection of the need-to-know civil justice news for the week of Nov. 1-7.


Golden Rule or Eye for an Eye: Senate GOP Divided on Judicial Filibuster

Wall Street Journal | Jacob Gershman

It’s said that one ought do unto others as you would have them do unto you. A less idealistic, but perhaps more commonly applied version of that ethical code counsels in favor of doing unto others exactly as they have done unto you.

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GOP Poised To Slow Down Obama Product Safety Measures

Sindhu Sundar | Law360

With a new majority in the U.S. Senate, Republicans will likely seek to block the U.S. Food and Drug Administration’s proposal to allow generic-drug manufacturers to change the labeling of their products, and propel product liability initiatives such as legislation to boost transparency in asbestos injury litigation.

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Voters Turn Down Proposition 46 To Lift Medical Malpractice Cap, Require Drug Tests For Doctors


Voters on Tuesday soundly defeated a proposal to lift a decades-old cap on courtroom damages for medical negligence, after a multimillion-dollar political duel pitting trial lawyers against doctors and insurers.

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Teen Free to Bang on His Drums All Day After Judge Rules Against Neighbor in Year-Long Suit

Seth Augenstein | NJ Advance Media for NJ.com

A teenager’s drumming in his family garage during the daytime is not a nuisance to a neighbor, a judge has ruled.

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Retired Judge Claims Courthouse Asbestos Gave Him Cancer

Mary Pat Gallagher | New Jersey Law Journal

One of the more-than 350 asbestos plaintiffs in the New Jersey state courts is a retired Passaic County Superior Court judge, who claims he got cancer as a result of coming into contact with asbestos at the courthouse during his time on the bench.

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Waterlogged iPod Provides A Troubling Lesson About America’s Legal System

Bob Dorigo Jones | Let’s Be Fair!

There are a lot of things you can learn by dropping your iPod into a bucket of water. The first thing is pretty obvious: electronic devices and water don’t mix well. The second thing is that the old “put-the-device-in-a-bag-of-rice-until-it-dries-out” trick doesn’t always work. However, if you wait long enough, you might also learn something about the American legal system…even if you were perfectly willing to accept responsibility for your waterlogged iPod.

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$1B Stryker Deal Shows Path To Trial-Free MDL Settlements

Sindhu Sundar | Law360

Stryker Corp.’s agreement to pay at least $1 billion to resolve litigation over defective metal hip replacement parts followed an unusual “bellwether mediation” approach that involved negotiations, rather than trials, over selected cases, offering a model that other MDL defendants wary of outsize jury verdicts will likely begin to adopt, attorneys say.

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