Sunday, September 3, 2017

We Last Looked In On This Individual NuvaRing® Opt-Out In September 2014... DISMISSED.

We have been remiss -- but someone just a few moments ago searched for the outcome of this case: Castro.

So here is the final update: In July of 2105, a year after we last looked in, and now two full years ago -- the able US District Judge Rodney Sippel, in Kansas City, Missouri, had dismissed this individual case permanently -- due to the plaintiffs' failure to provide information supporting the earlier motion to remand it, into state court -- in a "questionable" state court venue (in far southwestern Texas). Here's what I last wrote, end of summer -- in 2014:

. . . .As the MDL winds down, a handful of plaintiffs have elected to reject the settlement, and press on individually, in the same ways they started. In one of those cases, the plaintiff's lawyer seeks remand -- out of federal court, and back into the the state court system of Texas. But not just any state court in Texas, no. That plaintiff seeks a remand order to Cameron County, Texas.

I mention this bit of detail only because that is a local court system with a documented, published history of corruption -- and a national reputation for being an overly plaintiff-friendly "hellhole" -- among pharma defense lawyers. I have no reason to believe that Merck will not draw an impartial lot in these local courts (should the able Judge Sippel grant remand), but I suspect some of its defense counsel do. So they are opposing a return to the very bottom of Texas, for this case. . . .

I'll close with some coverage of the problems in this local court system -- from a local paper, in Southwest Texas. . . .

So -- Castro is. . . no more. That's another clean up, of sorts, as we are doing much of that. . . this long weekend. Closing out my city place as well, at least until next summer, later today. Smile.


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