In re Diet Drugs

MEMORANDUM OPINION OF THE COURT

BARRY, Circuit Judge.

This appeal arises from a multi-district litigation, in which appellants and others allege that the diet drug known as fenphen caused various heart defects and ailments. The District Court, in declining to vacate the Decision and Recommendation of the Special Discovery Master, dismissed appellants’ case as a sanction because of their counsel’s longstanding failure to comply with a discovery order concerning expert reports. Represented by new counsel, appellants seek to have their case reinstated. We have jurisdiction pursuant to 28 U.S.C. §…