Legal Opinion
In Re Diet Drugs Products Liability Litigation
Court of Appeals for the Third Circuit
Decided November 30, 2005No. 03-3401, 03-3402, 03-4465, 04-3661PublishedCited by 2 opinions
1Opinion of the Court
ROTH, Circuit Judge.
These appeals arise from the District Court’s efforts to oversee the Nationwide Class Action Settlement Agreement in the multi-district (MDL) 1203 litigation between Wyeth 1 and a class comprising former users of Wyeth’s diet medications, fenfluramine and dexfenfluramine. This appeal is the consolidation of challenges by three different groups of Appellants, all claiming that they should not be bound by the Settlement Agreement. For the reasons discussed, we find that all three groups of Appellants are bound by the Settlement Agreement and we will affirm the District…
2Cases cited14 opinions
- Amchem Products, Inc. v. WindsorSupreme Court of the United States · 1997
- Phillips Petroleum Co. v. ShuttsSupreme Court of the United States · 1985
- Hansberry v. LeeSupreme Court of the United States · 1940
- In Re: The Prudential Insurance Company Of America Sales Practices LitigationCourt of Appeals for the Third Circuit · 1998
- In re Diet DrugsCourt of Appeals for the Third Circuit · 2002
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3Cited by2 opinions
- In Re: Diet Drugs (Phentermine/fenfluramine/dexfenfluramine) Products Liability Litigation Clara Clark, Linda Smart and All Other Class Members Represented by Fleming & Associates, L.L.P., Hariton & D'angelo, LLP and Napoli, Kaiser, Bern & Associates, Llp, on Behalf of Themselves, James Axford and Similarly Situated Class Members Represented by the Hariton and Napoli Firms Whose Claims Are Affected by Pretrial Order No. 2929, Shanne Webb-Cochran, Renai Kuykendall, Willa Sartin, Dawn Stewart and Joanne Valenti, on Behalf of Themselves and All Other Class Members Who Have Ingested Fen-Phen and Who Suffer, or Will Suffer, From Elevated Pulmonary Hypertension Not Secondary to Valvular Heart Disease, Doris Weller and Ellen Carey, Whose Claims Are Affected by Pretrial Order No. 3849Court of Appeals for the Second Circuit · 2005
- In Re Diet Drugs Products Liability LitigationDistrict Court, E.D. Pennsylvania · 2006