Legal Opinion

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

Court of Appeals for the Third Circuit

Decided March 10, 2005No. 02-4020, 02-4021, 02-4074, 03-2627, 03-2695, 03-2766, 03-4830PublishedCited by 60 opinions

1Opinion of the Court

GARTH, Circuit Judge.

These seven appeals have been filed by counsel to various claimants in the Diet Drugs Product Liability Multidistrict Litigation (“MDL 1203”), charging essentially that the District Court abused its discretion in awarding and allocating an interim award of attorneys’ fees. In the alternative, several of the complaining attorneys petition this Court to issue a writ of mandamus reversing the award. Because we conclude that the orders from which the appeals were taken, Pretrial Order Nos. 2622 & 2859, are not final and appealable orders, we will dismiss each of these appeals…

2Cases cited31 opinions

  1. Cohen v. Beneficial Industrial Loan Corp.Supreme Court of the United States · 1949
  2. Pioneer Investment Services Co. v. Brunswick Associates Ltd. PartnershipSupreme Court of the United States · 1993
  3. Coopers & Lybrand v. LivesaySupreme Court of the United States · 1978
  4. Catlin v. United StatesSupreme Court of the United States · 1945
  5. Firestone Tire & Rubber Co. v. RisjordSupreme Court of the United States · 1981

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3Cited by60 opinions

  1. In Re: Karen A. Briscoe Alfred Lara Wanda T. Kizer Debra Alexander Rhonda Allen Mary Green Glenda D. Abbott and Leslie BalesCourt of Appeals for the Third Circuit · 2006
  2. Interfaith Community Organization Lawrence Baker Martha Webb Herring Margaret Webb Rev. Winston Clarke Margarita Navas v. Honeywell International, Inc. Formerly Known as Alliedsignal, Inc. Roned Realty of Jersey City, Inc. Roned Realty of Union City, Inc. W.R. Grace & Company Ecarg, Inc. W.R. Grace, Ltd. W.R. Grace & Company Ecarg, Inc. W.R. Grace, Ltd., Defendants/third-Party v. Heller-Jersey City, L.L.C. Home Depot, U.S.A. Seaman Furniture Company, Inc., Third-Party Hackensack Riverkeeper, Inc. William Sheehan v. Honeywell International, Inc. F/k/a Alliedsignal, Inc. Roned Realty of Jersey City, Inc. Roned Realty of Union City, Inc. W.R. Grace, Ltd. Honeywell International, Inc.Court of Appeals for the Third Circuit · 2005
  3. In Re Diet DrugsCourt of Appeals for the Third Circuit · 2009
  4. In Re High Sulfur Content Gasoline Products Liab.Court of Appeals for the Fifth Circuit · 2008
  5. Glenford Ragguette v. Premier Wines & SpiritsCourt of Appeals for the Third Circuit · 2012

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