Thursday, July 2, 2009

Friday Litigation Update: Vytorin MDL 1938 -- A Case Management Conference Rather Abruptly Canceled


This may well turn out to be nothing, but last night, Magistrate Judge Falk signed an order postponing a case management conference in MDL 1938, formerly known as Polk, et al. v. Schering-Plough Corporation, et al. (Case 08-285) -- the putative classs action alleging consumer fraud as a result of the delayed disclosure of the ENHANCE study.

Some general background on this would-be class action is here; the background on the civil RICO allegations in the case appears here. Last night's order looked like this:

. . . .The case management conference scheduled for Thursday, July 2, 2009 at 10:00 a.m. is hereby canceled and will be rescheduled shortly.

Ordered by:

/s/ Mark T. Falk

Magistrate Judge
Mark T. Falk
July 1, 2009. . . .

So -- is this as a result of a personal issue, or scheduling conflict, on the part of one of the parties, their lawyers, or the courts? We'll soon know whether this portends something substantive -- like, for example, some (improbable, but late-breaking) settlement discussions -- or something simple, and obvious -- like an unexpected trip, of some kind.

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