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500 Tylenol Cases Just Came Back: Prosecuting Pharmaceutical Causation After the Revival

Three excluded causation experts and 500+ Tylenol cases are back, but the defense wants rehearing. Rebuild a general-causation package that survives amended Rule 702, screen intake for viable exposure and diagnosis, prove individual specific causation, and choose your forum for leverage.

2026-11-06 12:00:00

Program Details

2026-11-06 12:00:00

2026-11-06 12:00:00

2h CLE Credits

2026-11-06 12:00:00

Program Details

2026-11-06 12:00:00

Program Details

2026-11-06 12:00:00

Over 1,000+ webinars

2026-11-06 12:00:00

Course Overview

The Second Circuit Reopened the Gate. It Didn’t Win Your Cases

2026-11-06 12:00:00

In December 2023, Judge Cote excluded all five-plaintiff general-causation experts in the acetaminophen MDL. Because general causation was decided first, that ruling controlled 500+ autism and ADHD cases. On July 13, 2026, Rutledge v. Walgreen Co. vacated three of those exclusions. The new line: an unreliable method is excludable; a contested reading of the evidence is for the jury.

The fight is not over. Defendants sought rehearing on September 10, 2026, staying the mandate. Ignore Ahlqvist 2024 or the Hong Kong sibling study, and you invite a cherry-picking charge. Skip the dose extrapolation, and you repeat Louie’s affirmed exclusion. Overstate the FDA notice, and the defense quotes it back: “a causal relationship has not been established.” Sign unscreened claimants, and specific causation exposes every exposure and diagnosis gap. Choose the wrong forum, and you surrender leverage.

You walk out with a remand checklist for the general-causation package. It covers contrary studies engaged head-on, sensitivity and condition-specific analyses, and a dose-gap plan. You also get an intake screening framework, a specific-causation proof plan, and a forum decision framework. These are judgment calls no summary of the opinion can make for you.

Format

CLE Credit

2h CLE Credits

Level

Intermediate

Length

2

Key topics that will be covered

01
Rule 702 After Rutledge
How to argue the line Rutledge v. Walgreen Co. drew under amended Rule 702: an unreliable method is excludable, but a contested interpretation of the evidence goes to the jury.
02
Anatomy of the Exclusions
How to avoid the transdiagnostic, symptom-endpoint, confounding, and Bradford Hill deficiencies that excluded every plaintiff expert, and why only Cabrera’s and Louie’s exclusions survived appeal.
03
Building the Remand Package
How to engage Ahlqvist 2024 and Gustavson 2021 head-on, stress-test conclusions with sensitivity analyses and E-values, fill the dose gap, and anticipate the converging null sibling-study defense.
04
Regulatory Evidence and Preemption
How to use the September 2025 HHS and FDA actions and the affirmed no-preemption holding without overstating an agency that says, “a causal relationship has not been established.”
05
Intake and Specific Causation
How to screen claimants for viable exposure and diagnosis at scale and build individual specific-causation proof, including dose reconstruction for an OTC drug and genetic confounders.
06
Choosing Your Forum
How to weigh the federal MDL against Daubert-state and Frye-state tracks to maximize settlement and trial leverage for your inventory.

Program schedule

clock 12:00 pm - 1:00 pm EST

Building and Defending Your General-Causation Expert Package

This session examines how to construct, attack, and defend a general-causation expert package in pharmaceutical mass tort litigation, using the acetaminophen MDL as the primary case study. Attorneys will analyze why the original five-expert package failed Daubert before Judge Cote, what the Second Circuit’s July 2026 reversal requires on remand, and how the amended FRE 702 standard raises the admissibility threshold for all expert opinions going forward. Attendees leave with a framework for Bradford Hill weighting, confounding-study engagement, and regulatory evidence integration that is immediately applicable to active pharmaceutical dockets.

Ashley BarriereAshley Barriere
clock 1:10 pm - 2:10 pm EST

Evaluating the inventory: Intake, Specific Causation, and Forum After the Revival

This session examines the three operational decisions plaintiff-side mass tort attorneys must make immediately following the Second Circuit’s July 2026 reinstatement of 500+ Tylenol autism/ADHD cases: how to build a defensible intake architecture that screens for viable exposure and diagnosis, how to construct and defend individual specific-causation proof after the general-causation gate reopened, and how to choose between the federal MDL and state court tracks. Attorneys leave with a working framework for evaluating claimant eligibility, understanding the dose-response and confounder challenges that will define the next phase of litigation, and making forum decisions that maximize settlement and trial leverage. The session covers MDL No. 3043 and the post-revival litigation landscape as it stands in mid-2026.

Roseann RomanoRoseann Romano
Ashley Barriere

Ashley Barriere

Keller Postman LLC

Roseann Romano

Roseann Romano

Keller Postman LLC

Ashley Barriere

Ashley Barriere

Keller Postman LLC

Ashley Barriere is a Partner at Keller Postman LLC. Her AmLaw25 defense-side experience combined with her time spent mastering the intricacies of product liability multi-district litigation allows Ashley to anticipate opponents’ argument strategies, work with scrupulous attention to detail, and approach her practice with rigorous preparation.

Education & Credentials

Ashley also served as a law clerk for Judge Eldon E. Fallon at the U.S. District Court for the Eastern District of Louisiana. Ashley became inspired to join the plaintiffs’ side because of Judge Fallon’s trailblazing work overseeing large multi-district litigation matters. At the time of her clerkship, Judge Fallon presided over the Chinese Drywall Products Liability MDL, Vioxx Products Liability MDL, and the Xarelto Products Liability MDL, where she had the opportunity to learn the ins and outs of the MDL world. She applies those early lessons to her work today, always striving to reach the peak level of excellence and over-emphasizing preparation. She earned her law degree from the University of Pennsylvania Carey Law School. She is licensed to practice in Louisiana, Illinois, and New York.

Recognition & Leadership

Numerous legal organizations have recognized Ashley’s legal achievements. She has been named Lawdragon’s 500 X: the Next Generation List, Best Lawyers: Ones to Watch in America, and Super Lawyers.

Professional Involvement

Ashley served as a Board Member of the Young Lawyers Division for the Federal Bar Association (New Orleans chapter) and as President for the Association for Women Attorneys.

Experience

At Keller Postman, Ashley focuses on significant product-liability matters. In the Acetaminophen—ASD-ADHD Products Liability Litigation, MDL 3043, she was appointed to serve on the Plaintiffs’ Executive Committee, where she leads the Law and Briefing Subcommittee. She also represents clients and briefs critical legal issues in the Depo-Provera litigation, the 3M Combat Arms Earplug MDL, and the Paragard IUD MDL. Before joining Keller Postman, Ashley was a litigation associate at Davis Polk & Wardwell LLP, where she litigated critical bankruptcy cases and played a role in significant white-collar investigations. Ashley then joined Huber Thomas & Marcelle LLP, where she gained critical courtroom experience. She represented plaintiffs and defendants at the trial and appellate levels in state and federal litigation, as well as creditors and debtors in complex bankruptcies.
Roseann Romano

Roseann Romano

Keller Postman LLC

Roseann Romano is Counsel at Keller Postman LLC. Roseann represents clients in a wide range of disputes, including products liability, consumer protection, and employment matters. She is involved in investigating complex legal claims and developing legal strategies, preparing pleadings and discovery, and briefing motions and appeals.

Education & Credentials

Roseann clerked for Judge Michael J. Melloy of the U.S. Court of Appeals for the Eighth Circuit, where she also helped with appeals in the Ninth and Eleventh Circuits. She also clerked for the U.S. District Court for the Northern District of Iowa. She earned her J.D. from the University of Iowa College of Law, where she was Senior Managing Editor of the Iowa Law Review. She earned her B.A. magna cum laude from American University, studying political science and American studies.

Recognition & Leadership

Roseann is a District of Columbia Super Lawyers Rising Star, an honor recognizing outstanding professional achievement. She has twice received the Washington Lawyers' Committee for Civil Rights and Urban Affairs Outstanding Achievement Award. She also received the Alan I. Widiss Faculty Scholar Award from the University of Iowa College of Law and was named to the D.C. Bar John Payton Leadership Academy. She is licensed to practice law in the District of Columbia and Iowa.

Professional Involvement

Roseann is active with the D.C. Bar Labor and Employment Law Community Steering Committee and the Metropolitan Washington Employment Lawyers Association. She also serves as the Chair of the Board of Directors of First Shift Justice Project, a non-profit legal services organization supporting working parents, and as a member of the Board of Directors of Greater Greater Washington. In 2022, Roseann participated in the D.C. Bar John Payton Leadership Academy, an intensive training program for attorney leaders.

Experience

At Keller Postman, Roseann represents clients in a wide range of disputes, including products liability, consumer protection, and employment matters. She is involved in investigating complex legal claims and developing legal strategies, preparing pleadings and discovery, and briefing motions and appeals. Currently, Roseann is a member of the litigation teams handling the firm’s Zantac and acetaminophen claims and supports the firm’s mass arbitration practice. Before joining Keller Postman, Roseann was an associate at Murphy Anderson PLLC, in Washington, D.C., where she represented workers and labor unions in state and federal litigation and arbitration matters. Among her most notable matters, Roseann assisted in successfully resolving wage-and-hour misclassification and race discrimination claims against a major construction company on behalf of over 250 workers. She has also litigated novel questions of law under District of Columbia wage-and-hour laws. Key Cases: Zantac (Ranitidine) Litigation; Texas v. Meta – Biometrics Privacy Litigation; Amazon Antitrust Lawsuits.
Ashley Barriere

Ashley Barriere

Keller Postman LLC

Ashley Barriere is a Partner at Keller Postman LLC. Her AmLaw25 defense-side experience combined with her time spent mastering the intricacies of product liability multi-district litigation allows Ashley to anticipate opponents’ argument strategies, work with scrupulous attention to detail, and approach her practice with rigorous preparation.

Education & Credentials

Ashley also served as a law clerk for Judge Eldon E. Fallon at the U.S. District Court for the Eastern District of Louisiana. Ashley became inspired to join the plaintiffs’ side because of Judge Fallon’s trailblazing work overseeing large multi-district litigation matters. At the time of her clerkship, Judge Fallon presided over the Chinese Drywall Products Liability MDL, Vioxx Products Liability MDL, and the Xarelto Products Liability MDL, where she had the opportunity to learn the ins and outs of the MDL world. She applies those early lessons to her work today, always striving to reach the peak level of excellence and over-emphasizing preparation. She earned her law degree from the University of Pennsylvania Carey Law School. She is licensed to practice in Louisiana, Illinois, and New York.

Recognition & Leadership

Numerous legal organizations have recognized Ashley’s legal achievements. She has been named Lawdragon’s 500 X: the Next Generation List, Best Lawyers: Ones to Watch in America, and Super Lawyers.

Professional Involvement

Ashley served as a Board Member of the Young Lawyers Division for the Federal Bar Association (New Orleans chapter) and as President for the Association for Women Attorneys.

Experience

At Keller Postman, Ashley focuses on significant product-liability matters. In the Acetaminophen—ASD-ADHD Products Liability Litigation, MDL 3043, she was appointed to serve on the Plaintiffs’ Executive Committee, where she leads the Law and Briefing Subcommittee. She also represents clients and briefs critical legal issues in the Depo-Provera litigation, the 3M Combat Arms Earplug MDL, and the Paragard IUD MDL. Before joining Keller Postman, Ashley was a litigation associate at Davis Polk & Wardwell LLP, where she litigated critical bankruptcy cases and played a role in significant white-collar investigations. Ashley then joined Huber Thomas & Marcelle LLP, where she gained critical courtroom experience. She represented plaintiffs and defendants at the trial and appellate levels in state and federal litigation, as well as creditors and debtors in complex bankruptcies.
Roseann Romano

Roseann Romano

Keller Postman LLC

Roseann Romano is Counsel at Keller Postman LLC. Roseann represents clients in a wide range of disputes, including products liability, consumer protection, and employment matters. She is involved in investigating complex legal claims and developing legal strategies, preparing pleadings and discovery, and briefing motions and appeals.

Education & Credentials

Roseann clerked for Judge Michael J. Melloy of the U.S. Court of Appeals for the Eighth Circuit, where she also helped with appeals in the Ninth and Eleventh Circuits. She also clerked for the U.S. District Court for the Northern District of Iowa. She earned her J.D. from the University of Iowa College of Law, where she was Senior Managing Editor of the Iowa Law Review. She earned her B.A. magna cum laude from American University, studying political science and American studies.

Recognition & Leadership

Roseann is a District of Columbia Super Lawyers Rising Star, an honor recognizing outstanding professional achievement. She has twice received the Washington Lawyers' Committee for Civil Rights and Urban Affairs Outstanding Achievement Award. She also received the Alan I. Widiss Faculty Scholar Award from the University of Iowa College of Law and was named to the D.C. Bar John Payton Leadership Academy. She is licensed to practice law in the District of Columbia and Iowa.

Professional Involvement

Roseann is active with the D.C. Bar Labor and Employment Law Community Steering Committee and the Metropolitan Washington Employment Lawyers Association. She also serves as the Chair of the Board of Directors of First Shift Justice Project, a non-profit legal services organization supporting working parents, and as a member of the Board of Directors of Greater Greater Washington. In 2022, Roseann participated in the D.C. Bar John Payton Leadership Academy, an intensive training program for attorney leaders.

Experience

At Keller Postman, Roseann represents clients in a wide range of disputes, including products liability, consumer protection, and employment matters. She is involved in investigating complex legal claims and developing legal strategies, preparing pleadings and discovery, and briefing motions and appeals. Currently, Roseann is a member of the litigation teams handling the firm’s Zantac and acetaminophen claims and supports the firm’s mass arbitration practice. Before joining Keller Postman, Roseann was an associate at Murphy Anderson PLLC, in Washington, D.C., where she represented workers and labor unions in state and federal litigation and arbitration matters. Among her most notable matters, Roseann assisted in successfully resolving wage-and-hour misclassification and race discrimination claims against a major construction company on behalf of over 250 workers. She has also litigated novel questions of law under District of Columbia wage-and-hour laws. Key Cases: Zantac (Ranitidine) Litigation; Texas v. Meta – Biometrics Privacy Litigation; Amazon Antitrust Lawsuits.

Credits by state

AK2.0
AL2.0
AR2.0
AZ2.0
CA2.0
CO2.0
CT2.0
DC2.0
DE2.0
FL2.0
GA2.0
HI2.0
IA2.0
ID2.0
IL2.0
IN2.0
KS2.0
KY2.0
LA2.0
MA2.0
MD2.0
ME2.0
MI2.0
MN2.0
MO2.4
MS2.0
MT2.0
NC2.0
ND2.0
NE2.0
NH120.0
NJ2.0
NM2.0
NV2.0
NY2.0
OH2.0
OK2.5
OR2.0
PA2.0
RI2.5
SC2.0
SD2.0
TN2.0
TX2.0
UT2.0
VA2.0
VT2.0
WA2.0
WI2.0
WV2.4
WY2.0

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MCLE Credits

Alabama
Approved
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Arkansas
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California
Approved
Colorado
Pending
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Approved
Delaware
Pending
District of Columbia
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Approved
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Iowa
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Kansas
Pending
Kentucky
Pending
Louisiana
Pending
Maine
Pending
Maryland
No Required
Massachusetts
No Required
Michigan
No Required
Minnesota
Pending
Mississippi
Pending
Missouri
Approved
Montana
Pending
Nebraska
Pending
Nevada
Pending
New Hampshire
Approved
New Jersey
Approved
New Mexico
Approved
New York
Approved
North Carolina
Pending
North Dakota
Approved
Ohio
Approved
Oklahoma
Pending
Oregon
Pending
Pennsylvania
Approved
Rhode Island
Pending
South Carolina
Pending
South Dakota
No Required
Tennessee
Approved
Texas
Approved
Utah
Pending
Vermont
Approved
Virginia
Not Eligible
Washington
Approved
West Virginia
Pending
Wisconsin
Pending
Wyoming
Pending

Alabama

Requirements

The Alabama State Bar MCLE Commission requires attorneys to complete 12 credits, including 1 ethics, by December 31 of each year. All credits must be reported by February 15 of the following year. A maximum of 12 credits, including 1 ethics credit, may be carried over for 1 year only.  

Formats

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  • Attorneys are limited to 6 credits per compliance period of “online” programs through MyLAwCLE On-Demand programs