This guest post was written by J.C. McElveen of Jones Day and Alice Suh, a student at Georgetown Law School who was a summer associate at Jones Day this year. J.C. and Alice get all of the credit for this post; we had nothing to do with it:
Dr. Victor McCusick died several weeks ago.
September 2008
Zyprexa Third Party Payor Class Certified
In the Zyprexa MDL, Judge Jack Weinstein has just issued his order certifying a class of third party payors — insurance companies and the like — who allegedly overpaid for prescriptions of Zyprexa.
Judge Weinstein declined to certify a class of individuals who bought Zyprexa.
The case is In re Zyprexa Products Liability Litigation, 04-MD-1596,…
Preemption And Guerilla Warfare
The Legal Intelligencer has a story today about the preemption loss in Knipe v. SmithKline Beecham. Since that adverse decision has made its way into the legal version of “mainstream media,” that means, under our self-imposed guideline of “first, do no harm” to the defense position in such matters, we’re now free to blog…
We Never Get Bored: More On Pre-Service Removals
Some blogs are all over Hurricane Gustav.
Some are investigating Sarah Palin.
Some analyze critical issues of the day.
And you’ve come here, where it’s wall-to-wall coverage of whether defendants can remove an action in which a non-resident defendant has been named in a complaint, but not yet served with process.
(We’re not sure whether…
The Multidistrict Litigation Process
When you play regularly in the MDL sandbox, you become accustomed to receiving the frantic call: “Plaintiffs just filed a motion with the MDL Panel to coordinate our cases! What do we do?”
Calm down.
There are a bunch of strategic things to consider, and there are ways to predict whether the Panel will grant…