As I say -- I'll make a short note of it, since he was one of only two
three Justices that felt the
Abbott v. DuPont case ought to be heard. That
means six justices agree that "bellwether trials" are and will remain an appropriate vehicle in multi-district class products liability litigation, at the federal level. [Justice Alito recused himself from this
DuPont case, likely because he owns a material (to his portfolio) investment, in the company.]
As longer term readers will recall, this is relevant here, since
the Fosamax cases relied in part on bellwether trials -- to reach a resolution of that set of cases, against Merck.
[So too the even a decade (or more!) older 1995-2004
Pharmacia Bextra/Celebrex cases, those -- a legacy of Fast Fred Hassan.]
But I digress. Now you know. Onward, grinning.
नमस्ते
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