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PHILADELPHIA – A Missouri law firm has objected to a jointly proposed procedure that would yield reduced benefits but faster resolution of nearly 90 percent of disputed Matrix claims, saying Court Approved Procedure (CAP) 15 does not provide class members with sufficient notice of how their claims would be handled (In Re: Diet Drugs [Phentermine/Fenfluramine/Dexfenfluramine] Products Liability Litigation, MDL Docke t No. 1203, Sheila Brown, et (more…)

PHILADELPHIA – Three pro se claimants have moved for the removal of class counsel, saying class members asserting claims for mitral regurgitation whose echocardiograms were don e by methods other than the color flow Doppler in an apical view specified in the Settlement Agreement constitute an unrepresented subclass (In Re: Diet Drugs [Phentermine/Fenfluramine/Dexfenfluramine] Products Liability Litigation, MDL Docket No. 1203, Sheila Brown, et (more…)

PHILADELPHIA – Class counsel argues that objectors to its petition for a final award of more than $400 million in common benefit fees lack standing to object and misconstrue the law behind such fees and an agreement class counsel reached with more than 50 law firms that allowed the petition to go forward (In Re: Diet Drugs [Phentermine/Fenfluramine/Dexfenfluramine] Products Liability Litigation, MDL Docket No. 1203, Sheila Brown, et al. v. American (more…)

PHILADELPHIA – Class counsel has turned up the heat under a Texas attorney who oppo ses paying a common benefit fee in the diet drug multidistrict litigation as well as the size of the request for more than $400 million in common benefit fees, saying he has added to his alleged sins slander, contempt and violations of the Federal Rules of Civil Procedure (In Re: Diet Drugs [Phentermine/Fenfluramine/Dexfenfluramine] Products Liability Litigation, (more…)

PHILADELPHIA – Class counsel has weighed in on behalf of two plaintiffs asserting claims of primary pulmonary hypertension (PPH), saying Wyeth has reversed the position it took when it originally urged approval of the national diet drug settlement (In Re: Diet Drugs [Phentermine/Fenfluramine/Dexfenfluramine] Products Liability Litigation, MDL Docket No. 1203, Sheila Brown, et al. v. American Home Products Corp., No. 99-20593, Kathry n A. Decker, (more…)

PHILADELPHIA – Class counsel has respon ded to three unsuccessful pro se claimants, saying that the echocardiogram criteria in the American Home Products National Settlement Agreement were chosen as the most likely to demonstrate compensable injury levels for most claimants and that other methodologies would not have yielded a bett er result for the three objectors (In Re: Diet Drugs [Phentermine/Fenfluramine/Dexfenfluramine] Products Liability (more…)

PHILADELPHIA – Class counsel says a Texas attorney who opposes paying a common benefit fee in the diet drug multidistrict litigation (MDL) has filed a lawsuit seeking to obtain a stake in another law firm’s share of that very fee (In Re: Diet Drugs [Phentermine/Fenfluramine/Dexfenfluramine] Products Liability Litigation, MDL Docket No. 1203, Sheila Brown, et al. v. American Home Products Corp., No. 99-20593, E.D. Pa.; See October 2007, Page 8). (more…)

PHILADELPHIA – Two law firms that object to class counsel’s petition for a final award of more than $400 million in common benefit fees have won limited discovery into an agreement among major players that resulted in a steep discount in the common benefit assessment for a gro up of law firms with large diet drug case inventories (In Re: Diet Drugs [Phentermine/Fenfluramine/Dexfenfluramine] Products Liability Litigation, MDL Docket No. 1203, (more…)

PHILADELPHIA – Class counsel filed a rebuttal to three groups that have prote sted its application for more than $500 million in common benefit fees stemming from consolidated diet drug litigation and the American Home Products (AHP) National Settlement (In Re: Diet Drugs [Phentermine/Fenfluramine/Dexfenfluramine] Products Liability Litigation, MDL Doc ket No. 1203, Sheila Brown, et al. v. American Home Products Corp., No. 99-20593, E.D. Pa.). (more…)

PHILADELPHIA – An attorney representing the American Home Products National Settlement class told the judge supervising the litigation that all significant issues have been resolved and that most of the available funds have been disbursed in the settlement and litigation, paving the way for a fin al disbursement of common benefit fees (In Re: Diet Drugs [Phentermine/Fenfluramine/Dexfenfluramine] Products Liability Litigation, MDL Docket No. 1203, (more…)