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Preview: LexisNexis® Mealey's™ Baycol Legal News

LexisNexis® Mealey's™ Baycol Legal News



Headline Baycol Legal News from LexisNexis®



 



Magistrate Appointed To Oversee Endgame Process In MDL
MINNEAPOLIS - The Baycol multidistrict litigation judge at a Nov. 8 status conference appointed Magistrate Judge Susan Richard Nelson chair of a committee to establish and oversee the "endgame" process and eventual termination of the litigation (In Re: Baycol Products Litigation, MDL No. 1431, D. Minn.). Full story on lexis.com



Bayer Wants Putative Class Dismissed For Discovery Violations
MINNEAPOLIS - Bayer Corp. in a Nov. 9 motion moved for dismissal of a putative consumer class action, arguing that the representative plaintiffs have violated court order by failing to provide their case-specific experts for deposition (In Re: Baycol Products Litigation, MDL No. 1431; Joseph R. Elich v. Bayer Corp., et al., No. 02-0434; Loren Kofsky v. Bayer Corp., et al., No. 02-0141, D. Minn.). Full story on lexis.com



Plaintiff Argues Case Should Be Sent To Mediation
MINNEAPOLIS - The Baycol multidistrict litigation judge on Nov. 28 is allowing the representatives of the estate of a woman who died after filing her Baycol rhabdomyolysis case an extension to respond to a pending motion to dismiss by Bayer (Rosalind Fryberg v. Bayer Corp., et al., No. 02-3055, D. Minn.). Full story on lexis.com



Pro Se Plaintiff Seeks Compensation To Appear As His Own Expert
MINNEAPOLIS - Bayer Corp. in a Dec. 4 motion seeks an order compelling a pro se plaintiff, who wishes to produce himself as an expert witness in his case, to appear for deposition without receiving compensation (Edward Ronwin v. Bayer Corp., et al., No. 02-0200, D. Minn.). Full story on lexis.com



Plaintiffs' Counsel Says Fee Penalty Request Excessive
MINNEAPOLIS - The law firm representing a Baycol multidistrict litigation plaintiff is opposing a request for fees by the defendants against it for a deposition at which the plaintiff did not appear, arguing that the requested amount is excessive (Curtis Coates, et al. v. Bayer Corp., et al., No. 03-1175, D. Minn.). Full story on lexis.com



Plaintiffs With Delinquent Discovery Identified In Orders
MINNEAPOLIS - Baycol multidistrict litigation Judge Michael J. Davis on Dec. 5 and 19 issued two orders listing plaintiffs whose discovery requirements are delinquent and are facing dismissal with prejudice (In Re: Baycol Products Litigation, MDL No. 1431, D. Minn.). Full story on lexis.com



Woman Says Husband's Death Caused By Heart Drug Plavix
TRENTON, N.J. - The wife of a man who allegedly died from subdural hematoma caused by Bristol-Myers Squibb's Plavix heart drug sued the manufacturer in a federal court on Dec. 15 (Eloise LaBarre, et al. v. Bristol-Myers Squibb Co., et al., No. 06-CV-06050, D. N.J.). Full story on lexis.com



Baycol MDL Parties Report On Status Of Litigation
MINNEAPOLIS - According to a joint status report filed in the Baycol multidistrict litigation before the U.S. District Court for the District of Minnesota on Nov. 7, there are 2,195 cases active, down from 14,807 at the height of the litigation (In Re: Baycol Products Litigation, MDL No. 1431, D. Minn.). Full story on lexis.com



Baycol Plaintiff Files Motion For Dissolution Of MDL
MINNEAPOLIS - The Baycol multidistrict litigation judge on Nov. 6 denied a plaintiff's motion for expedited hearing on his motion for remand because of his failing health; the plaintiff was also moving for dissolution of the MDL, arguing that the court has met its goal of conducting common discovery and that remand of all cases was appropriate (Joseph Landrieu v. Bayer Corp., No. 01-MD-01431-MJD; In Re: Baycol Products Litigation, MDL No. 1431, D. Minn.). Full story on lexis.com



Defendants Oppose Withdrawal Of Branch Law Firm From 141 Cases
MINNEAPOLIS - In a Nov. 6 brief, Bayer Corp. and GlaxoSmithKline (GSK) are opposing motions by The Branch Law Firm to withdraw as counsel for 141 plaintiffs before the Baycol multidistrict litigation court, arguing that the court has stated it would not stand for attorneys "cutting and running from their obligations to clients" (In Re: Baycol Products Litigation, MDL No. 1431, D. Minn.). Full story on lexis.com



Counsel Reaches Impasse With Plaintiff, Withdraws
MINNEAPOLIS - A motion by the law firm of Zimmerman Reed to withdraw as counsel due to an "impasse" with the plaintiff in a Baycol case was granted by multidistrict litigation Judge Michael J. Davis on Nov. 6 (Darlene Murphy, et al. v. Bayer AG, et al., No. 05-1728; In Re: Baycol Products Litigation, MDL No. 1431, D. Minn.). Full story on lexis.com



Consumer Class Representative Says Criteria For Remand Are Complete
MINNEAPOLIS - A putative Baycol consumer class representative on Nov. 1 filed for remand from the Baycol multidistrict litigation court, arguing that he has completed the criteria established by the court for remand eligibility (George F. McCollins, et al. v. Bayer Corp., et al., No. 02-CV-199; In Re: Baycol Products Litigation, MDL No. 1431, D. Minn.). Full story on lexis.com



GSK Says Role In Litigation Limited
MINNEAPOLIS - According to a recently released transcript from a Sept. 25 hearing on a Baycol plaintiff's motion to compel, counsel for GlaxoSmithKline (GSK) stated that the company's role in the overall litigation has been extremely limited (Edna Dempsey v. Bayer AG, et al., No. 03-1097; In Re: Baycol Products Litigation, MDL No. 1431, D. Minn.; See Oct. 2006, Page 4). Full story on lexis.com



Amiodarone Heart Drug Case Remanded To State Court On Court's Sua Sponte Motion
NEW ORLEANS - Acting on a jurisdiction issue it raised sua sponte, a Louisiana federal court on Sept. 8 ruled that a generic Cordarone case was improperly removed on the basis of the federal officer defense, federal question and a fraudulently joined pharmacist (Howard Stanley, et al. v. Wyeth Inc., et al., No. 06-1979, E.D. La.; 2006 U.S. Dist. LEXIS 64037). Full story on lexis.com



3 Heart Device Cases Remanded For Amounts, Sales Rep Liability
Two federal courts recently remanded three heart device cases to state court after finding no evidence that two plaintiffs sought more than the $75,000 federal jurisdictional threshold and that there is a colorable claim against a sales representative (Coleman S. Smith v. Medtronic Sofamor Danek, USA, Inc., No. 06-1992, D. S.C., Beaufort Div., 2006 U.S. Dist. LEXIS 53225; Charles Ogden v. Medtronic Sofamor Danek, USA, Inc., No. 06-1994, D. S.C., 2006 U.S. Dist. LEXIS 52223; Rodolfo Baeza, et al. v. Larry Tibbetts, et al., No. 06-407, D. N.M.). Full story on lexis.com



U.S. Supreme Court Signals It May Take Up Preemption Of PMA Devices Again
WASHINGTON, D.C. - The U.S. Supreme Court on Nov. 6 signaled that it may take another look at whether premarket approval (PMA) medical device claims are preempted by federal law when it invited the U.S. solicitor general to file a brief about the government's current view on the subject (Charles R. Riegel, et al. v. Medtronic, Inc., No. 06-179, U.S. Sup.). Full story on lexis.com



Request For GSK Personnel Files Denied
MINNEAPOLIS - The Baycol federal multidistrict litigation judge on Sept. 29 denied a request by a plaintiff to compel GlaxoSmithKline (GSK) to produce personnel files, ruling that the plaintiff has failed to show a need for them at this time (Edna Dempsey v. Bayer AG, et al., No. 03-1097; In Re: Baycol Products Litigation, MDL No. 1431, D. Minn.). Full story on lexis.com



Bayer Says Case-Specific Opinions Should Be Excluded As Generic
MINNEAPOLIS - In a Sept. 26 motion, Bayer is seeking exclusion of an expert report submitted in a putative no-injury class action, arguing that it contains generic opinions and was submitted after the deadline for generic expert reports (Michael E. Black, et al. v. Bayer Corp., et al., No. 02-0199, D. Minn.). Full story on lexis.com



Pro Se Litigant Moves For Sanctions After 2-Day Deposition
MINNEAPOLIS - A pro se litigant in the Baycol multidistrict litigation on Oct. 20 moved for sanctions against Bayer Corp., saying that the stress of a two-day deposition caused him to suffer a dangerous irregular heartbeat (Michael and Meryle Fisher v. Bayer Corp., No. 03-2894; In Re: Baycol Products Litigation, MDL No. 1431, D. Minn.; See September 2006, Page 7). Full story on lexis.com



Defendant Medical Clinic Dismissed Pursuant To Remand Order
MINNEAPOLIS - On July 6, the Baycol multidistrict litigation judge dismissed a Mississippi medical clinic that argued that a prior remand order found that the plaintiff failed to allege cause of action against it (Luella Beasley, et al. v. Bayer Corp., et al., No. 03-4954, D. Minn.; In Re: Baycol Products Litigation, MDL No. 1431, D. Minn.; See May 2006, Page 8). Full story on lexis.com



More Than 800 Plaintiffs Could Face Dismissals For Delinquent Discovery
MINNEAPOLIS - Baycol multidistrict litigation Judge Michael J. Davis on Oct. 18 issued two orders listing plaintiffs whose discovery requirements are delinquent and are facing dismissal with prejudice (In Re: Baycol Products Litigation, MDL No. 1431, D. Minn.). Full story on lexis.com



10th Circuit: Remand Not In Error For Crestor Plaintiff
DENVER - A district court did not err in granting remand to a man allegedly injured by the cholesterol drug Crestor because it properly determined the possibility of success of his claims against a non-diverse defendant at the time of removal, a 10th Circuit U.S. Court of Appeals panel ruled Oct. 11 (Ron Nerad v. AstraZeneca Pharmaceuticals, LP, et al., No. 05-6128, 10th Cir.; See October 2005, Page 5). Full story on lexis.com



Bayer Suspends 2, Hires Independent Counsel For Trasylol Study Investigation
LEVERKUSEN, Germany - Bayer Corp. on Oct. 13 announced that it has suspended two unidentified people in connection with the withholding of a company study that showed that Trasylol may increase the risk of death, serious kidney injury, congestive heart failure and strokes. Full story on lexis.com



Ex-FDA Head Crawford Pleads Guilty To Failing To Disclose Stock Holdings
WASHINGTON, D.C. - Former Food and Drug Administration Commissioner Lester M. Crawford on Oct. 17 pleaded guilty to two federal misdemeanor counts of failing to disclose that he and his wife owned stock in companies regulated by the FDA (United States of America v. Lester M. Crawford, No. 06-438, D. D.C.). Full story on lexis.com



Preemption Denied Where New Drug Warnings Weren't Considered By FDA
PHILADELPHIA - A Pennsylvania federal judge on Oct. 16 declined to give deference to the Food and Drug Administration's preemption rule and said a failure-to-warn claim in an Elidel case is not preempted where the FDA never considered and rejected stronger warnings (Andrea Perry, et al. v. Novartis Pharmaceuticals Corp., et al., No. 05-5350, E.D. Pa.). Full story on lexis.com