Monday, January 2, 2017

[U] Slight Proposed Adjustments To Federal Propecia®/Proscar® MDL Schedule: Now Two Trial Tranches?

UPDATED | 01.05.2017: Later rulings analyzed here. The plaintiffs' executive committee lawyers are asking the court to at least consider starting with two of the original three bellwethers by September of 2017, but allowing the later added one (Name Redacted) to slide to a "trial ready" date of January 2018. [Latest prior update, here.]

Specifically, they note that many of the same activities -- by some of the same law firms -- are also occurring in the New Jersey state proceedings, taxing all involved. Here's the four page proposal, as a PDF filed at year end -- and a bit (from the footnotes) -- relevant to my conclusion that the first federal bellwether trial will occur at least 90 days ahead of the state ones:

. . . .Additionally, the PEC notes that the Parties are also engaged in case-specific and expert discovery in the New Jersey consolidated proceedings. The PEC makes this observation because Lead Counsel in that case are members of the PEC and PSC in this Multi-District Litigation.

In other words, although not set forth in detail here, the Parties are collectively engaged in the same case-specific and expert discovery work in the New Jersey litigation which trails this case by approximately ninety (90) days. The fact the Parties are simultaneously engaged in these two cases explains, in part, the allocation of work in this MDL (i.e., certain firms were primarily tasked with MDL work, while others were primarily tasked with overseeing the New Jersey consolidated proceedings). . . .

Now you know. . . And now, onward -- still thrilled by the graceful, understated arc of the story-telling, in the historical drama "Hidden Figures". So much more enthralling than the dry narrative of the book, truth told. Smile. . . .


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