If you are a mass torts lawyer, you should be paying attention to a trend that has emerged in litigation over the discontinued heartburn medication Zantac. A Delaware Superior Court judge on Friday rejected the defendants’ Daubert challenge to the plaintiffs’ experts who will opine that the medication can cause cancer — even though in December 2022 the federal judge overseeing parallel claims excluded plaintiffs’ experts and granted summary judgment to defendants. Co-lead counsel in the Delaware suits told Alison Frankel that the ruling is a prime example of a “widening gap” between state and federal judges on their gatekeeping job. If he’s right, Frankel says, plaintiffs lawyers may want to opt for filing mass tort cases in Delaware state court.
Check out other recent pieces from our columnists: Alison Frankel and Jenna Greene
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