Mass Tort brief
Institutional Liability and Corporate Litigation Hazards Mount Across Borders
From Quebec authorization of campus safety claims to Teva bellwethers, Perrigo antitrust exposure, and SCOTUS terror judgment enforcement.
Mass Tort
The Supreme Court cleared enforcement of a $656 million terror judgment against the PA and PLO — opening global asset seizure paths for victims.
BackgroundThe US Anti-Terrorism Act allows American victims of overseas terror attacks to seek civil damages against sponsor organizations. Obtaining an enforceable judgment allows plaintiffs to freeze and seize sovereign assets held in foreign bank accounts.
- The emergency stay application was denied without dissent by Supreme Court justices, ending long-running procedural delays for judgment enforcement.
- The lawsuit was brought by American victims and family members affected by terror attacks in Israel during the Second Intifada.
- The decision permits plaintiffs to initiate international asset enforcement proceedings targeting PA and PLO accounts across global banking networks.
Mass Tort
A Quebec court approved a $5 million class action against McGill — opening an institutional liability path for universities over campus safety failures.
BackgroundUniversities owe a legal duty of care to maintain safe learning environments for enrolled students. Following October 7, campus protests across North American universities triggered legal claims alleging institutional failure to enforce safety policies.
- Judge Dominique Poulin ruled the lawsuit met legal standards to represent all Jewish students enrolled at McGill since October 8, 2023, expanding the potential claimant pool.
- The lawsuit is backed by B'nai Brith Canada and alleges McGill permitted hostile encampments and physical intimidation on university property, creating an unsafe learning environment.
- Plaintiffs are seeking $5 million in punitive damages alongside partial tuition refunds, arguing institutional negligence compromised the value and safety of their education.
Mass Tort
Teva faces its second bellwether trial in Paragard IUD litigation — a key test that will shape settlement pressure across 4,000 cases.
BackgroundMultidistrict litigation consolidates thousands of personal injury lawsuits before a single federal judge to conduct discovery and bellwether test trials. Bellwether verdicts establish settlement valuation benchmarks for remaining consolidated claims.
- Over 4,000 product liability cases are consolidated in Georgia federal court alleging the arm of the copper IUD breaks during routine removal procedures.
- Teva won the first bellwether trial in early 2026, establishing an initial defense benchmark across consolidated claims and blunting early plaintiff leverage.
- The upcoming September 28 trial, Robere v. Teva, will test claims involving device manufacturing quality and removal warnings, setting up a decisive valuation test.
Mass Tort
Perrigo is facing an antitrust class action in New York — accused of using restrictive supplier deals to monopolize store-brand infant formula.
BackgroundPerrigo produces private-label OTC pharmaceuticals and infant formula for major retail chains, operating manufacturing assets in the US and Israel. Antitrust class actions target supplier agreements that limit competition or artificially inflate consumer prices.
- The federal court appointed lead counsel in Conry v. Gerber & Perrigo in the Eastern District of New York, advancing class proceedings.
- Lawsuits allege Perrigo entered into restrictive supplier agreements to maintain a virtual monopoly over store-brand infant formula production.
- Parallel consumer class action investigations are evaluating store-brand formula pricing across major retail networks, expanding exposure beyond corporate buyers.
Mass Tort
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