We blogged a lot about the Taxotere MDL. From Lone Pine orders to denials of motions to amend in remand cases, we reported on some pretty good decisions. The MDL court also dismissed a number of plaintiffs who failed to make timely service on the defendants, which we blogged about here and here. Today’s decision addresses a plaintiff who appealed her dismissal for failing to make timely service. Reeder v. Hospira, Inc. (In re Taxotere Docetaxel Prods. Liab. Litig.), 2025 U.S. App. LEXIS 4735 (5th Cir. Mar. 6, 2025).Continue Reading Fifth Circuit Affirms Taxotere Dismissal for Failure to Serve
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Taxotere MDL Dismisses Cases for Failure to Respond Timely to Suggestions of Death
Just about three months ago, we blogged about Rule 25 dismissals in the Bair Hugger MDL, and today we bring you more of the same from Taxotere. Federal Rule of Civil Procedure 25 provides that “[i]f a party dies . . . the court may order substitution of the proper party.” Rule 25 goes…
Taxotere Lone Pine Continues to Stand
Today we revisit the Lone Pine order for the Taxotere MDL. We previously discussed the entry of the Lone Pine order and the court’s denial of plaintiffs’ motion to reconsider entry of the order. Here, plaintiffs tried once again to take an axe to the Lone Pine, this time by arguing that it is unfair specifically with respect to deceased plaintiffs. The court roundly rejected plaintiffs’ arguments. In re: Taxotere (Docetaxel) Prods. Liab. Litig., 2024 WL 4362982 (E.D. La. Oct. 1, 2024).Continue Reading Taxotere Lone Pine Continues to Stand
A Bed of Their Own Making: Taxotere Claims Held Untimely Under Oregon Statute of Repose
We have frequently reported on plaintiffs’ efforts to salvage untimely claims in the Taxotere MDL. See, for example, here, here, and here. As we explained here, the basic problem for many plaintiffs—who claim that the chemotherapy drug Taxotere caused them permanent hair loss—is how the MDL master complaint defines the plaintiffs’…
Taxotere MDL Denies Plaintiffs’ Attempt to Undo Lone Pine Order
Happy Taxotere Week to all who celebrate. We doubt that many of our plaintiff attorney friends will be putting out the bunting and frosting the cakes, as the Taxotere decisions we are discussing this week are mostly bad for the left side of the v.
Today’s opinion, In re Taxotere (Docetaxel) Products Liability…
No Second Chance at Service for Taxotere Plaintiffs
We posted last year about plaintiffs who were dismissed from the Taxotere MDL for failure to serve defendants. To put it simply, the Federal Rules still apply in an MDL. 153 plaintiffs didn’t comply with the Rules, and their cases were dismissed. Not knowing when to walk away, as Kenny Rogers instructs, a number of these plaintiffs filed for reconsideration. The MDL Court rightly shut them down.Continue Reading No Second Chance at Service for Taxotere Plaintiffs
More Taxotere Remand Courts Deny Untimely Amendments
The orders denying untimely, post-remand attempts to amend complaints in the Taxotere litigation are piling up, and it doesn’t get old. We recently reported on one such denial in the Northern District of California. In recent weeks, district courts in New York, North Carolina, and Tennessee (among others) have joined in. Today we report on three of those decisions.Continue Reading More Taxotere Remand Courts Deny Untimely Amendments
Taxotere Remand Court Torpedoes Tardy Amendment
McMillian v. Sanofi-Aventis U.S. LLC, 2024 U.S. Dist. LEXIS 44783 (March 13, 2024), is another example where a court shot down a belated, post-remand attempt by a Taxotere plaintiff to change the allegations of her complaint. You might think that we will mimic some of our earlier posts about remand courts fixing a mess…
Enough Is Enough In Taxotere Remand Case
The unwieldy and sometimes unfair nature of multidistrict litigation has become a recurring theme on the DDL Blog. We have long commented on the “if you build it, they will come” dynamic that leads to hundreds or thousands of cases gathered, filed, and then parked in an MDL—all hoping to do as little…
Third Times a Charm for Lone Pine in Taxotere MDL
If at first you don’t succeed . . . re-urge. That’s the word the MDL court used in In re: Taxotere (Docetaxel) Products Liability Litigation, 2024 WL 718698 (E.D. La. Feb. 21, 2024). Defendants urged, re-urged, and again re-urged the court to enter a Lone Pine Order. And after four years of re-urging, the…