Legal Opinion

In Re: The Upjohn Company Antibiotic Cleocin Products Liability Litigation. Juanita Stavro v. The Upjohn Company

Court of Appeals for the Sixth Circuit

Decided November 19, 1981No. 79-1213PublishedCited by 58 opinions

1Opinion of the Court

ENGEL, Circuit Judge.

The issue in this appeal is the extent to which a transferee judge in multidistrict litigation proceedings under 28 U.S.C. § 1407 may vacate and modify protective orders earlier entered by transferor courts, where those orders enjoin the use of discovery materials obtained through the federal litigation by others not parties to the multidistrict litigation. In an opinion reported at 81 F.R.D. 482 (E.D.Mich.1979), then United States District Judge Cornelia G. Kennedy concluded that since the order of the transferor court related to the subject of discovery, the ongoing…

2Cases cited12 opinions

  1. In Re Adele HalkinCourt of Appeals for the D.C. Circuit · 1979
  2. Cbs Inc. v. The Honorable Don J. Young, Judge, United States District Court, Northern District of OhioCourt of Appeals for the Sixth Circuit · 1975
  3. Dr. Chester A. Wilk v. American Medical Association, the State of New York, InterveningCourt of Appeals for the Seventh Circuit · 1981
  4. Petition of United States Steel Corporation, as Owner of the Steamship Cedarville, and the Petition of Den Norske Amerikalinje A/s, as Owner of the M/v Topdalsfjord, for Exoneration From or Limitation of Liability. Barbara J. Fuhrman, Administratrix of the Estate of Arthur J. Fuhrman, Deceased, Claimants-Appellants v. United States Steel Corporation and Den Norske Amerikalinje A/s, United States Steel Corporation and Den Norske Amerikalinje A/s, Cross-Appellants v. Billy R. Holley, Cross-AppelleesCourt of Appeals for the Sixth Circuit · 1973
  5. American Telephone & Telegraph Co. v. GradyCourt of Appeals for the Seventh Circuit · 1978

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3Cited by58 opinions

  1. In Re KOREAN AIR LINES DISASTER OF SEPTEMBER 1, 1983. Appeal of Plaintiffs Steering CommitteeCourt of Appeals for the D.C. Circuit · 1987
  2. In Re "Agent Orange" Product Liability LitigationDistrict Court, E.D. New York · 1984
  3. United States of America, Cross-Appellant v. Lawrence Douglas Todd, Cross-AppelleeCourt of Appeals for the Sixth Circuit · 1990
  4. United Nuclear Corporation v. Cranford Insurance CompanyCourt of Appeals for the Tenth Circuit · 1990
  5. Pharmacy Benefit Managers Antitrust LitigationCourt of Appeals for the Third Circuit · 2009

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