In re Diet Drugs (Phentermine/Fenfluramine/Dexfenfluramine) Products Liability Litigation

I join wholeheartedly Judge Garth’s conclusion that the Hague appeal should be allowed notwithstanding its untimely filing. I also agree that each of these appeals must be dismissed for want of appellate jurisdiction and that the circumstances do not warrant relief by way of mandamus. I write separately, however, to highlight certain considerations, though not present here, that I believe would have permitted appellate review. Moreover, because the majority opinion by necessity stops at the jurisdictional gate, the District Court lacks our Court’s comment on the fee award issues. I thus write…