Just A Brief Note, Since Clarence Thomas Is Wrong On Almost All Of His Quotes Of The Applicable Federal Civil Procedure Law, Here...

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