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PHILADELPHIA – Counsel for five recently filed lawsuits alleging that Wyeth’s diet drugs caused primary pulmonary hypertension (PPH) after years of latency have filed a letter disputing Wyeth’s claim that the Comp lex Litigation Center in Pennsylvania Common Pleas Court, Philadelphia County, has no fast track for diet drug cases and other characterizations of their positions (In Re: Diet Drugs [Phentermine/Fenfluramine/Dexfenfluramine] Products (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 – Class counsel has sided with a matrix claimant who authorized his attorney to sign a Seventh Amendment opt-out form so it would be timely, saying Wyeth has no grounds now to ch allenge a form it has accepted for two years (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.).
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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 forwar d (In Re: Diet Drugs [Phentermine/Fenfluramine/Dexfenfluramine] Products Liability Litigation, MDL Docket No. 1203, Sheila Brown, et al. v. American (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 done 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 has turned up the heat under a Texas attorney who opposes 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 – 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 group of law firms with large diet drug case inventories (In Re: Diet Drugs [Phentermine/Fenfluramine/Dexfenfluramine] Products Liability Litigation, MDL Docket No. 1203, Sheila (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. 12 03, Sheila Brown, et al. v. American Home Products Corp., No. 99-20593, Kathryn A. Decker, (more…)

PHILADELPHIA – Class counsel has responded 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 better result for the three objectors (In Re: Diet Drugs [Phentermine/Fenfluramine/Dexfenfluramine] Products Liability (more…)