Did 7th Circuit identify MDL abuse in IVC filter cases? Time will tell.

For the Defense

By Donald P. Eckler

Donald “Pat” Eckler is a partner at Freeman, Mathis, & Gary LLP, focusing on professional liability defense, insurance coverage litigation, and general tort defense. He is the legislative chair of Illinois Defense Counsel. Eckler also is the co-host of the Podium and Panel podcast with Daniel Cotter. His views are his own and not those of his firm or its clients.

Posted January 12, 2023 11:45 AM

Litigation abuse comes in a variety of forms that have been discussed in this space. Some abuses, such as third-party litigation funding, are difficult to discover because of the lack of disclosure requirements, but one hiding just below the surface and subject to discovery are meritless claims filed in multi-district litigation related to mass tort and product liability cases.One example of that appeared last week in an oral argument before the 7th U.S. Circuit Court of Appeals in Sykes v. Cook Inc., No. 22-1844, in which …

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