Legal Opinion

In Re Diet Drugs (Phentermine/Fenfluramine/Dexfen-Fluramine) Products Liability Litigation

Court of Appeals for the Third Circuit

Decided October 5, 2004No. 03-2025, 03-2063, 03-2072PublishedCited by 1 opinion

1Opinion of the Court

OPINION OF THE COURT

FUENTES, Circuit Judge.

This appeal arises from the multi-dis-trict litigation (MDL) 1203 diet drug product liability litigation. The appeal concerns the validity of an amendment (the “Sixth Amendment”) to the Nationwide Class Action Settlement Agreement (the “Settlement Agreement”) executed between Appellants and American Home Products Corporation (a.k.a. “Wyeth”) 1 in relation to the diet drugs litigation. The Sixth Amendment was approved by the District Court in Pretrial Order (“PTO”) No. 2778. The Amendment gives claim ants who would otherwise have been bound by the…

2Cases cited11 opinions

  1. Amchem Products, Inc. v. WindsorSupreme Court of the United States · 1997
  2. Whitmore Ex Rel. Simmons v. ArkansasSupreme Court of the United States · 1990
  3. Phillips Petroleum Co. v. ShuttsSupreme Court of the United States · 1985
  4. Holmes Group, Inc. v. Vornado Air Circulation Systems, Inc.Supreme Court of the United States · 2002
  5. Richard J. Mayberry v. James F. Maroney, Superintendent, State Correctional Institution, Pittsburgh, PennsylvaniaCourt of Appeals for the Third Circuit · 1977

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3Cited by1 opinion

  1. In Re: Diet Drugs (Phentermine/fenfluramine/dexfenfluramine) Products Liability Litigation Fleming & Associates, Llp, on Behalf of Its Clients Subject to the Sixth Amendment to the Nationwide Class Action Settlement Agreement With American Home Products Corporation, in No. 03-2025 Joel Zuckerberg, in No. 03-2063 Hariton & D'angelo, LLP and Napoli, Kaiser, Bern & Associates, Llp, on Behalf of Themselves and Their Clients Who Are Specifically Identified in And/or Whose Claims Are Affected by Pretrial Order No. 2778, in No. 03-2072Court of Appeals for the Third Circuit · 2004

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