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Proposed Stay Of Liquidation Plan Pending Appeal Rejected By Judgeemail this articleEmail this article to a colleague. save this article to My ClippingsSave this article to My Clippings. discuss this articleDiscuss or comment on this article.
SAN DIEGO - The bankruptcy judge overseeing the Metabolife International Inc. settlement on Dec. 12 denied a motion to stay liquidation pending appeal brought by a former putative class action representative whose claims were denied in two courts, stating that he has not shown a likelihood that he will succeed on his appeal or the likelihood that he will suffer injury if a stay is not granted (In re: MII Liquidation, Inc., et al., No. 05-06040-H11, S.D. Calif. Bkcy.; See December 2007, Page 4). Full story on lexis.com
Source: LexisNexis® Mealey's™ Ephedra & PPA Legal News - January 18, 2008 Category: Medical Law Source Type: info

Judge: Plaintiff Failed To Prove PPA Ingestion In 72-Hour Windowemail this articleEmail this article to a colleague. save this article to My ClippingsSave this article to My Clippings. discuss this articleDiscuss or comment on this article.
NEW ORLEANS - A federal judge said in a Dec. 17 order that a plaintiff cannot prove that he ingested the defendant's PPA-containing cold medication within 72 hours preceding his stroke and, therefore, cannot prove causation (Alejandro Garcia, et al. v. SmithKline Beecham Corp., et al., No. 01-3424, E.D. La.; 2007 U.S. Dist. LEXIS 92267; See August 2007, Page 13). Full story on lexis.com
Source: LexisNexis® Mealey's™ Ephedra & PPA Legal News - January 18, 2008 Category: Medical Law Source Type: info

PPA Seller Cannot Supplement District Court Recordemail this articleEmail this article to a colleague. save this article to My ClippingsSave this article to My Clippings. discuss this articleDiscuss or comment on this article.
MONROE, La. - The former seller of a PPA-containing cold remedy that was denied insurance indemnity coverage may not supplement the record in a personal injury case to state that it only provided design specifications for the product and that the manufacturer provided the formula, a federal judge ruled Nov. 30 (Robert Weaver v. CCA Industries, Inc., No. 01-2096, W.D. La.; CCA Industries, Inc. v. New York Marine and General Insurance Co. No. 07-30597, 5th Cir.; 2007 U.S. Dist. LEXIS 88113, See August 2007, Page 15.). Full story on lexis.com
Source: LexisNexis® Mealey's™ Ephedra & PPA Legal News - January 18, 2008 Category: Medical Law Source Type: info

Oklahoma Supplement Distributor Files Bankruptcy After Breach Of Contract Decisionemail this articleEmail this article to a colleague. save this article to My ClippingsSave this article to My Clippings. discuss this articleDiscuss or comment on this article.
OKLAHOMA CITY - AMS Health Sciences, a distributor of natural supplements, recently filed a Chapter 11 bankruptcy petition, citing a November verdict and judgment against it related to its acquisition of Heartland Cup Inc. (In Re: AMS Health Sciences, No. 07-14678, N.D. Okla. Bkcy.). Full story on lexis.com
Source: LexisNexis® Mealey's™ Ephedra & PPA Legal News - January 18, 2008 Category: Medical Law Source Type: info

FDA Warns Against Use Of ED Supplementsemail this articleEmail this article to a colleague. save this article to My ClippingsSave this article to My Clippings. discuss this articleDiscuss or comment on this article.
ROCKVILLE, Md. - The U.S. Food and Drug Administration is warning consumers to avoid a number of Chinese dietary supplements being marketed for erectile dysfunction (ED) because they contain undeclared active ingredients that are otherwise found in prescription ED drugs. Full story on lexis.com
Source: LexisNexis® Mealey's™ Ephedra & PPA Legal News - January 18, 2008 Category: Medical Law Source Type: info

'Maximum Slim' Seller Warned About Marketing Claimsemail this articleEmail this article to a colleague. save this article to My ClippingsSave this article to My Clippings. discuss this articleDiscuss or comment on this article.
ROCKVILLE, Md. - The Food and Drug Administration recently informed Martin Nutraceuticals Inc. that its marketing for "Maximum Slim" and "Arthrizyme" products violates the Federal Food Drug and Cosmetic Act (21 U.S. Code Section 321[g][1]) because it suggests that the supplements can be used to cure, mitigate, treat or prevent disease. Full story on lexis.com
Source: LexisNexis® Mealey's™ Ephedra & PPA Legal News - January 18, 2008 Category: Medical Law Source Type: info

Supreme Court To Hear Drug Preemption Arguments At Feb. 25 Sessionemail this articleEmail this article to a colleague. save this article to My ClippingsSave this article to My Clippings. discuss this articleDiscuss or comment on this article.
WASHINGTON, D.C. - The U.S. Supreme Court will hear arguments in its first ever drug preemption case on Feb. 25, the court announced last month (Warner-Lambert Co., et al. v. Kimberly Kent, et al., No. 06-1498, U.S. Sup.) Full story on lexis.com
Source: LexisNexis® Mealey's™ Ephedra & PPA Legal News - January 18, 2008 Category: Medical Law Source Type: info

United States: Drug Warning Claims 'Impliedly Preempted' But Asks High Court To Hold Offemail this articleEmail this article to a colleague. save this article to My ClippingsSave this article to My Clippings. discuss this articleDiscuss or comment on this article.
WASHINGTON, D.C. - The U.S. solicitor general on Dec. 21 told the U.S. Supreme Court that failure-to-warn claims involving a drug are barred by implied preemption, but he urged the court not to take up the case until it issues preemption rulings in separate drug and device cases that are pending (Wyeth v. Diana Levine, No. 06-1249, U.S. Sup.). Full story on lexis.com
Source: LexisNexis® Mealey's™ Ephedra & PPA Legal News - January 18, 2008 Category: Medical Law Source Type: info

Metabolife Liquidation Plan Proponents Oppose Stay Pending Appealemail this articleEmail this article to a colleague. save this article to My ClippingsSave this article to My Clippings. discuss this articleDiscuss or comment on this article.
SAN DIEGO - MII Liquidation (formerly Metabolife International Inc.) and its creditors and indemnitees oppose a motion brought by the lead plaintiff of a denied settlement class to stay the implementation of a bankruptcy settlement plan pending appeal, stating that the motion was untimely and that a stay would lead to "turmoil" and might jeopardize the resolution of the Metabolife personal injury and wrongful death cases (In re: MII Liquidation, Inc., et al., No. 05-06040-H11, S.D. Calif., Bkcy.; See Nov. 2007, Page 5). Full story on lexis.com
Source: LexisNexis® Mealey's™ Ephedra & PPA Legal News - December 8, 2007 Category: Medical Law Source Type: info

Metabolife Founder Pleads Guilty To Lying To FDA; Faces 5 Years In Prisonemail this articleEmail this article to a colleague. save this article to My ClippingsSave this article to My Clippings. discuss this articleDiscuss or comment on this article.
SAN DIEGO - Michael J. Ellis, founder and former president of Metabolife International Inc., on Nov. 5 pleaded guilty in federal court to charges of making false statements to the U.S. Food and Drug Administration in 1999 about the safety of Metabolife's ephedra supplements (USA v. Metabolife, Inc., et al., No. 03 CR 1088-J, S.D. Calif.). Full story on lexis.com
Source: LexisNexis® Mealey's™ Ephedra & PPA Legal News - December 8, 2007 Category: Medical Law Source Type: info

Summary Judgment Granted For Lack Of Evidentiary Supportemail this articleEmail this article to a colleague. save this article to My ClippingsSave this article to My Clippings. discuss this articleDiscuss or comment on this article.
BATON ROUGE, La. - A federal judge on Nov. 16 granted summary judgment for Bayer Corp. in a PPA case, stating that he reviewed the record and found that Bayer's argument that the plaintiff failed to provide case-specific expert testimony or expert reports supporting her claims had merit and that the motion was unopposed (Mildred Mitchell v. Bayer Corp., No. 07-CV-212, M.D. La.; See September 2007, Page 17). Full story on lexis.com
Source: LexisNexis® Mealey's™ Ephedra & PPA Legal News - December 8, 2007 Category: Medical Law Source Type: info

No Evidentiary Support Filed In PPA Caseemail this articleEmail this article to a colleague. save this article to My ClippingsSave this article to My Clippings. discuss this articleDiscuss or comment on this article.
BATON ROUGE, La. - Because a plaintiff has failed to provide case-specific expert testimony of causation in his PPA case, summary judgment is appropriate, a federal judge ruled Oct. 2 (Greg Stagg v. Bayer Corp., et al., No. 05-1348-C-M2, M.D. La.). Full story on lexis.com
Source: LexisNexis® Mealey's™ Ephedra & PPA Legal News - December 8, 2007 Category: Medical Law Source Type: info

Metabolife Case Dismissed For Failure To File Proof Of Claimemail this articleEmail this article to a colleague. save this article to My ClippingsSave this article to My Clippings. discuss this articleDiscuss or comment on this article.
NEW YORK - Ephedra multidistrict litigation Judge Jed S. Rakoff on Nov. 6 granted a motion to dismiss a personal injury case against Metabolife International Inc. because the plaintiff failed to file a proof of claim in the bankruptcy proceedings (In Re: Ephedra Products Liability Litigation, 04 M.D. 1598 [JSR]; David H. Fox v. M.I.I. Liquidation, et al., No. 06-cv-6609). Full story on lexis.com
Source: LexisNexis® Mealey's™ Ephedra & PPA Legal News - December 8, 2007 Category: Medical Law Source Type: info

BDI Denied Leave To File Summary Judgment Motionemail this articleEmail this article to a colleague. save this article to My ClippingsSave this article to My Clippings. discuss this articleDiscuss or comment on this article.
NEW YORK - In his Nov. 2 status order, ephedra multidistrict litigation Judge Jed S. Rakoff confirmed a ruling by MDL Special Master James Niss, denying a defendant leave to file additional motions for summary judgment (In Re: Ephedra Products Liability Litigation, 04 M.D. 1598; Russell Wilburn v. N.V.E., Inc., No. 06 Civ. 13046, S.D. N.Y.; See September 2007, Page 6). Full story on lexis.com
Source: LexisNexis® Mealey's™ Ephedra & PPA Legal News - December 8, 2007 Category: Medical Law Source Type: info

Judiciary Committee Airs 'Preemption By Regulation'email this articleEmail this article to a colleague. save this article to My ClippingsSave this article to My Clippings. discuss this articleDiscuss or comment on this article.
WASHINGTON, D.C. - Sen. Patrick Leahy, D-Vt., recently accused the Bush administration of abusing executive authority by attempting to impose federal preemption on legal claims through agency regulations. Full story on lexis.com
Source: LexisNexis® Mealey's™ Ephedra & PPA Legal News - December 8, 2007 Category: Medical Law Source Type: info

Preemption Judgment Denied; Seroquel Plaintiff's Claims Include Extra-Label Promotionemail this articleEmail this article to a colleague. save this article to My ClippingsSave this article to My Clippings. discuss this articleDiscuss or comment on this article.
ORLANDO, Fla. - The Seroquel multidistrict litigation court on Nov. 6 denied, at least for now, defendant AstraZeneca's motion for preemption on 11 plaintiffs' failure-to-warn claims, saying they include not just drug labels but also promotional activities of sales representatives with doctors (In Re: Seroquel Products Liability Litigation, MDL Docket No. 1769, No. 06-md-1769, M.D. Fla., Orlando Div.). Full story on lexis.com
Source: LexisNexis® Mealey's™ Ephedra & PPA Legal News - December 8, 2007 Category: Medical Law Source Type: info

FDA's Fraud Finding In Study Means Claims Against Company Are Not Preempted, Court Saysemail this articleEmail this article to a colleague. save this article to My ClippingsSave this article to My Clippings. discuss this articleDiscuss or comment on this article.
PHILADELPHIA - A plaintiff's claims against a contract research organization are not preempted because the Food and Drug Administration found that the company engaged in fraudulent reporting of clinical study data, a Pennsylvania federal judge said Oct. 25 in denying summary judgment (Eileen Wawrzynek, et al. v. Statprobe, Inc., et al., No. 05-1342, E.D. Pa.). Full story on lexis.com
Source: LexisNexis® Mealey's™ Ephedra & PPA Legal News - December 8, 2007 Category: Medical Law Source Type: info

Hi-Tech Challenge To FDA Ephedra Rule Denied In District Courtemail this articleEmail this article to a colleague. save this article to My ClippingsSave this article to My Clippings. discuss this articleDiscuss or comment on this article.
PITTSBURGH - A federal judge ruled Oct. 15 that the U.S. Food and Drug Administration did not act in an arbitrary and capricious manner in enacting the 2004 Final Rule on ephedra and that it acted properly in seizing five unlabeled boxes of ephedra products from a fitness products company in Pennsylvania (United States of America v. 5 Unlabeled Boxes and Hi-Tech Pharmaceuticals, Inc. v. Andrew C. Von Eschenbach, M.D., et al., No. 2:06-cv-00027-NBF, W.D. Pa.). Full story on lexis.com
Source: LexisNexis® Mealey's™ Ephedra & PPA Legal News - November 10, 2007 Category: Medical Law Source Type: info

Westfall Class Wants Metabolife Liquidation Stayed Pending Appealemail this articleEmail this article to a colleague. save this article to My ClippingsSave this article to My Clippings. discuss this articleDiscuss or comment on this article.
SAN DIEGO - Willard Westfall, the representative of a dismissed putative Metabolife class action, is moving for a stay of the implementation of the joint plan of liquidation for the Metabolife bankruptcy pending his appeal of the approval, arguing that the plan contains impermissible releases (In Re: MII Liquidation, Inc., No. 05-6040-H11, S.D. Calif. Bkcy.; See October 2007, Page 6). Full story on lexis.com
Source: LexisNexis® Mealey's™ Ephedra & PPA Legal News - November 10, 2007 Category: Medical Law Source Type: info

MuscleTech Wants 24 Ephedra MDL Cases Dismissedemail this articleEmail this article to a colleague. save this article to My ClippingsSave this article to My Clippings. discuss this articleDiscuss or comment on this article.
NEW YORK - MuscleTech Research and Development Inc. on Nov. 5 in the ephedra multidistrict litigation moved to dismiss 24 individual ephedra cases that were settled as the result of mediation in the company's bankruptcy proceedings (In Re: Ephedra Products Liability Litigation, 04 MDL 1598 [JSR]; In Re: MuscleTech Research and Development, Inc., No. 06 Civ. 538 [JSR]; In Re: RSM Richter, Inc. v. Sharon Aguilar, No. 06 Civ. 539 [JSR], S.D. N.Y.; See January 2007, Page 13). Full story on lexis.com
Source: LexisNexis® Mealey's™ Ephedra & PPA Legal News - November 10, 2007 Category: Medical Law Source Type: info

Judge Approves Common Fund Assessment Reallocationemail this articleEmail this article to a colleague. save this article to My ClippingsSave this article to My Clippings. discuss this article1 CommentDiscuss or comment on this article.
NEW YORK - The ephedra multidistrict litigation judge on Oct. 17 granted a motion by the plaintiffs to change the common benefit fee for each gross settlement to allocate 1 percent to expenses and 5 percent to attorney fees (In Re: Ephedra Products Liability Litigation, 04 M.D. 1598 [JSR], S.D. N.Y.; See October 2007, Page 8). Full story on lexis.com
Source: LexisNexis® Mealey's™ Ephedra & PPA Legal News - November 10, 2007 Category: Medical Law Source Type: info

Cap On Travel Expenses Raised For Ephedra MDL Plaintiff Attorneysemail this articleEmail this article to a colleague. save this article to My ClippingsSave this article to My Clippings. discuss this articleDiscuss or comment on this article.
NEW YORK - The cap on reimbursable expenses for Plaintiffs' Coordinating Counsel (PCC) members of the ephedra multidistrict litigation traveling in major cities was modified in an Oct. 17 order to $400 a day for hotel and meals (In Re: Ephedra Products Liability Litigation, 04 M.D. 1598, S.D. N.Y.; See October 2007, Page 11). Full story on lexis.com
Source: LexisNexis® Mealey's™ Ephedra & PPA Legal News - November 10, 2007 Category: Medical Law Source Type: info

Case Dismissed For Lack Of Substitute Plaintiffemail this articleEmail this article to a colleague. save this article to My ClippingsSave this article to My Clippings. discuss this articleDiscuss or comment on this article.
NEW YORK - The ephedra multidistrict litigation judge on Oct. 17 granted an unopposed motion by Metabolife to dismiss a case because 90 days have passed since a suggestion of death was filed and no plaintiff has been substituted (In Re: Ephedra Products Liability Litigation, 04 M.D. 1598 [JSR]; Robert Hutchinson v. Metabolife International, Inc., et al., No. 1:06-cv-04478-JSR, S.D. N.Y.). Full story on lexis.com
Source: LexisNexis® Mealey's™ Ephedra & PPA Legal News - November 10, 2007 Category: Medical Law Source Type: info

FDA Committees Vote To Ban OTC Cold Remedies For Children Under 6email this articleEmail this article to a colleague. save this article to My ClippingsSave this article to My Clippings. discuss this articleDiscuss or comment on this article.
SILVER SPRING, Md. - Two U.S. Food and Drug Administration advisory committees voted Oct. 19 to ban over-the-counter (OTC) cold remedies for children under the age of 6. Full story on lexis.com
Source: LexisNexis® Mealey's™ Ephedra & PPA Legal News - November 10, 2007 Category: Medical Law Source Type: info

FDA Seizes $71,000 In Dietary Supplements It Says Were Misbrandedemail this articleEmail this article to a colleague. save this article to My ClippingsSave this article to My Clippings. discuss this articleDiscuss or comment on this article.
WASHINGTON, D.C. - The Food and Drug Administration on Oct. 9 ordered that U.S. marshals seize $71,000 in dietary supplements that the agency said were being improperly promoted as treatments for serious diseases. Full story on lexis.com
Source: LexisNexis® Mealey's™ Ephedra & PPA Legal News - November 10, 2007 Category: Medical Law Source Type: info

FDA Requests Recall Of 'All Natural' Erectile Dysfunction Formulationsemail this articleEmail this article to a colleague. save this article to My ClippingsSave this article to My Clippings. discuss this articleDiscuss or comment on this article.
WASHINGTON, D.C. - The U.S. Food and Drug Administration said in a Nov. 2 press release that it has requested that America True Man Health Inc. recall its "all natural" erectile dysfunction products because they contain potentially dangerous ingredients. Full story on lexis.com
Source: LexisNexis® Mealey's™ Ephedra & PPA Legal News - November 10, 2007 Category: Medical Law Source Type: info

Texas Borg-Warner Asbestos Ruling Cannot Be Applied To Ephedra Casesemail this articleEmail this article to a colleague. save this article to My ClippingsSave this article to My Clippings. discuss this articleDiscuss or comment on this article.
NEW YORK - A recent asbestos ruling in Texas in which the state Supreme Court reversed its ruling against a defendant because the plaintiff could not produce evidence quantifying his exposure does not apply to ephedra cases because ephedra's effects are inherently short-lived and are known to cause injury a few hours after ingestion, the ephedra multidistrict litigation judge said Oct. 5 in denying two motions to dismiss (Russell Wilburn v. N.V.E., Inc. No. 1:06-cv-13046 and Sharon Stafford v. Weight Warriors, Inc., No. 05 Civ. 3021; In Re: Ephedra Products Liability Litigation, 04 MD 1598, S.D. N.Y.; See Sept. 2007, Page ...
Source: LexisNexis® Mealey's™ Ephedra & PPA Legal News - October 12, 2007 Category: Medical Law Source Type: info

Bankruptcy Judge Overrules Objections And Approves Metabolife Liquidationemail this articleEmail this article to a colleague. save this article to My ClippingsSave this article to My Clippings. discuss this articleDiscuss or comment on this article.
SAN DIEGO - On Sept. 25, U.S. Bankruptcy Judge John Hargrove overruled the objections of a former putative class representative and approved the Joint Amended Plan of Liquidation for the Metabolife bankruptcy and global settlement (In Re: MII Liquidation, Inc., et al., No. 05-06040-H11, S.D. Calif. Bkcy.; See August. 2007, Page 10). Full story on lexis.com
Source: LexisNexis® Mealey's™ Ephedra & PPA Legal News - October 12, 2007 Category: Medical Law Source Type: info

PPA MDL Judge Approves $2.7 Million Payout For Common Benefit Expensesemail this articleEmail this article to a colleague. save this article to My ClippingsSave this article to My Clippings. discuss this articleDiscuss or comment on this article.
SEATTLE - Stating that the bulk of the work of the PPA multidistrict litigation Plaintiffs' Steering Committee (PSC) has been completed, Judge Barbara Jacobs Rothstein on Sept. 28 approved reimbursement of "reasonable expenses" of $2,699,363.71 (In Re: Phenylpropanolamine (PPA) Products Liability Litigation, MDL No. 1407, W.D. Wash.). Full story on lexis.com
Source: LexisNexis® Mealey's™ Ephedra & PPA Legal News - October 12, 2007 Category: Medical Law Source Type: info

Ephedra Plaintiffs Want Common Fund Assessment Reallocatedemail this articleEmail this article to a colleague. save this article to My ClippingsSave this article to My Clippings. discuss this articleDiscuss or comment on this article.
NEW YORK - The Fee and Expense Subcommittee (FES) for the Plaintiffs Coordinating Counsel (PCC) in the ephedra multidistrict litigation on Sept. 17 moved for a reallocation of the common benefit fee for each gross settlement to allocate 1 percent to expenses and 5 percent to attorney fees (In Re: Ephedra Products Liability Litigation, 04 M.D. 1598 [JSR], S.D. N.Y.). Full story on lexis.com
Source: LexisNexis® Mealey's™ Ephedra & PPA Legal News - October 12, 2007 Category: Medical Law Source Type: info

Ephedra Plaintiffs Want Hotel Expenses Cap Raisedemail this articleEmail this article to a colleague. save this article to My ClippingsSave this article to My Clippings. discuss this articleDiscuss or comment on this article.
NEW YORK - The Plaintiffs' Coordinating Committee (PCC) of the ephedra multidistrict litigation on Sept. 17 filed a motion requesting that the court increase its cap on hotel reimbursements in major cities from $200 to $300 (In Re: Ephedra Products Liability Litigation, 04 M.D. 1598, S.D. N.Y.). Full story on lexis.com
Source: LexisNexis® Mealey's™ Ephedra & PPA Legal News - October 12, 2007 Category: Medical Law Source Type: info

New Jersey Coordinated PPA Litigation Terminatedemail this articleEmail this article to a colleague. save this article to My ClippingsSave this article to My Clippings. discuss this articleDiscuss or comment on this article.
NEW BRUNSWICK, N.J. - According to an announcement on the court's Web site, the chief justice of the Middlesex County, N.J., Superior Court terminated the state's coordinated PPA litigation on Sept. 24 (In Re: PPA, No. 264, N.J. Super., Middlesex Co.). Full story on lexis.com
Source: LexisNexis® Mealey's™ Ephedra & PPA Legal News - October 12, 2007 Category: Medical Law Source Type: info

Plaintiff Failed To Provide Expert Testimony, Judge Saysemail this articleEmail this article to a colleague. save this article to My ClippingsSave this article to My Clippings. discuss this articleDiscuss or comment on this article.
HATTIESBURG, Miss. - A federal judge on Sept. 4 granted a defense motion for summary judgment in a remanded federal PPA case, stating that the plaintiff failed to provide expert testimony to support the allegations (Carey Paul Jackson, et al. v. Bayer Corp., et al., No. 2:06cv101KS-MTP, S.D. Miss.; 2007 U.S. Dist. LEXIS 65564.). Full story on lexis.com
Source: LexisNexis® Mealey's™ Ephedra & PPA Legal News - October 12, 2007 Category: Medical Law Source Type: info

Partial Summary Judgment On Punitive Damages Grantedemail this articleEmail this article to a colleague. save this article to My ClippingsSave this article to My Clippings. discuss this articleDiscuss or comment on this article.
PHOENIX - In an Aug. 14 minute order issued in a remanded PPA case, a federal judge granted a defense motion for partial summary judgment on a plaintiff's punitive damages claims and took a plaintiff motion to strike certain expert opinions under advisement (Pamela Stowe v. Bayer Corp., No. CV-01-526-TUC-BPV, D. Ariz.; See September 2007, Page 12). Full story on lexis.com
Source: LexisNexis® Mealey's™ Ephedra & PPA Legal News - October 12, 2007 Category: Medical Law Source Type: info

Unopposed Summary Judgment Motions Grantedemail this articleEmail this article to a colleague. save this article to My ClippingsSave this article to My Clippings. discuss this articleDiscuss or comment on this article.
NEW ORLEANS - A federal judge presiding over a remanded PPA case on Aug. 8 granted summary judgment motions filed by two retailers as unopposed (Dianna Williams v. Bayer Corp., et al., No. CV 02-0290, E.D. La.; See September 2007, Page 12). Full story on lexis.com
Source: LexisNexis® Mealey's™ Ephedra & PPA Legal News - October 12, 2007 Category: Medical Law Source Type: info

Remand Denied For Family Wishing To Attend Settlement Hearingemail this articleEmail this article to a colleague. save this article to My ClippingsSave this article to My Clippings. discuss this articleDiscuss or comment on this article.
NEW YORK - In a Sept. 20 status order, Judge Jed S. Rakoff of the ephedra multidistrict litigation denied a request for remand so that the family of the deceased could attend a settlement hearing but granted leave for the family to participate by telephone (In Re: Ephedra Products Liability Litigation, No. 04 M.D. 1598, S.D. N.Y.; See September 2007, Page 19). Full story on lexis.com
Source: LexisNexis® Mealey's™ Ephedra & PPA Legal News - October 12, 2007 Category: Medical Law Source Type: info

Drug Preemption Case On Supreme Court's Docket Is 1st To Be Heardemail this articleEmail this article to a colleague. save this article to My ClippingsSave this article to My Clippings. discuss this articleDiscuss or comment on this article.
WASHINGTON, D.C. - The U.S. Supreme Court on Sept. 25 decided to hear its first case on the issue of federal preemption of drug liability claims (Warner-Lambert Co., et al. v. Kimberly Kent, et al., No. 06-1498, U.S. Sup.; See 8/16/07, Page 4). Full story on lexis.com
Source: LexisNexis® Mealey's™ Ephedra & PPA Legal News - October 12, 2007 Category: Medical Law Source Type: info

Federal Judge Rules In Favor Of FDA In Ephedra Ban Challengeemail this articleEmail this article to a colleague. save this article to My ClippingsSave this article to My Clippings. discuss this articleDiscuss or comment on this article.
ATLANTA - A federal judge on Aug. 15 affirmed the U.S. Food and Drug Administration's 2004 finding that ephedra dietary supplements are "adulterated," thereby granting summary judgment for the government in Hi-Tech Pharmaceutical's challenge to the final rule banning the supplements (Hi-Tech Pharmaceuticals, et al. v. Lester M. Crawford, et al., Nos. 1:05-cv-02083-GET, 1:06-cv-00406-GET, N.D. Ga.; See October 2005, Page 6; 2007 U.S. Dist. LEXIS 59849). Full story on lexis.com
Source: LexisNexis® Mealey's™ Ephedra & PPA Legal News - September 7, 2007 Category: Medical Law Source Type: info

Public Factors Weigh In Favor Of Dismissal, Panel Affirmsemail this articleEmail this article to a colleague. save this article to My ClippingsSave this article to My Clippings. discuss this articleDiscuss or comment on this article.
WEST PALM BEACH, Fla. - A state appellate court in an Aug. 29 opinion reversed dismissal of one ephedra case in a consolidated appeal, ruling that the motion to dismiss was untimely, but affirmed dismissal of the other under forum non conveniens (Gerri Lynn Fihe, et al., and Julie Louise Jamieson, et al. v. Rexall Sundown, Inc., et al., Nos. 4D06-100, 4D06-154, Fla. App., 4th Dist.; 2007 Fla. App. LEXIS 13410). Full story on lexis.com
Source: LexisNexis® Mealey's™ Ephedra & PPA Legal News - September 7, 2007 Category: Medical Law Source Type: info

Untimely Summary Judgment Motion Dismissedemail this articleEmail this article to a colleague. save this article to My ClippingsSave this article to My Clippings. discuss this articleDiscuss or comment on this article.
NEW YORK - The ephedra multidistrict litigation judge on Aug. 4 ruled that a Body Dynamics Inc. (BDI) summary judgment motion filed six weeks after the deadline was untimely and prejudicial and dismissed it (In Re: Ephedra Products Liability Litigation, No. 04 M.D. 1598 JSR; Russell Wilburn v. N.V.E., Inc., et al., No. 06 Civ. 13046, S.D. N.Y.). Full story on lexis.com
Source: LexisNexis® Mealey's™ Ephedra & PPA Legal News - September 7, 2007 Category: Medical Law Source Type: info

Ephedra Defendant Raises New Challenge To Testimony Under Havneremail this articleEmail this article to a colleague. save this article to My ClippingsSave this article to My Clippings. discuss this articleDiscuss or comment on this article.
NEW YORK - An ephedra defendant on Aug. 6 moved to preclude the general causation testimony of a multidistrict litigation plaintiff's experts, arguing that the opinions are insufficient to meet the scientific burden of proof under Texas law, as established by a recent asbestos decision (Russell Wilburn v. N.V.E., Inc. No. 1:06-cv-13046; In Re: Ephedra Products Liability Litigation, 04 MD 1598, S.D. N.Y.). Full story on lexis.com
Source: LexisNexis® Mealey's™ Ephedra & PPA Legal News - September 7, 2007 Category: Medical Law Source Type: info

Former Putative Class Representative Objects To Metabolife Liquidation Planemail this articleEmail this article to a colleague. save this article to My ClippingsSave this article to My Clippings. discuss this articleDiscuss or comment on this article.
SAN DIEGO - The representative of a previously dismissed putative personal injury ephedra class settlement with Metabolife International Inc. is opposing the joint plan of confirmation of a joint plan of liquidation global settlement, arguing that the plan is discriminatory because it excludes the class he represents (In Re: MII Liquidation, Inc., et al., No. 05-06040-H11, S.D. Calif. Bkcy.; See July 2007, Page 10). Full story on lexis.com
Source: LexisNexis® Mealey's™ Ephedra & PPA Legal News - September 7, 2007 Category: Medical Law Source Type: info

Plaintiff Wants New Literature Excluded From Testimonyemail this articleEmail this article to a colleague. save this article to My ClippingsSave this article to My Clippings. discuss this articleDiscuss or comment on this article.
PHOENIX - A PPA plaintiff says in her July 6 reply in support of her motion to exclude the testimony of two defense experts that defendant Bayer Corp. is attempting to untimely introduce new medical literature in support of their testimony and that it should be excluded (Pamela Stowe v. Bayer Corp., No. CV-01-526-TUC-BPV, D. Ariz.; See August 2007, Page 11). Full story on lexis.com
Source: LexisNexis® Mealey's™ Ephedra & PPA Legal News - September 7, 2007 Category: Medical Law Source Type: info

Bayer Says Standard For Punitive Damages Not Metemail this articleEmail this article to a colleague. save this article to My ClippingsSave this article to My Clippings. discuss this articleDiscuss or comment on this article.
PHOENIX - Bayer Corp. in a July 13 reply in support of its motions for partial summary judgment in a PPA case argues that the plaintiff has failed to produce evidence of "evil motives" and, therefore, that her punitive damages claim should be dismissed (Pamela Stowe v. Bayer Corp., No. CV-01-526-TUC-BPV, D. Ariz.; See August 2007, Page 11). Full story on lexis.com
Source: LexisNexis® Mealey's™ Ephedra & PPA Legal News - September 7, 2007 Category: Medical Law Source Type: info

Bayer Says Plaintiff Failed To Provide Proof Of Causationemail this articleEmail this article to a colleague. save this article to My ClippingsSave this article to My Clippings. discuss this articleDiscuss or comment on this article.
BATON ROUGE, La. - Bayer Corp. on Aug. 22 moved for summary judgment in a PPA case, arguing that the plaintiff has failed to provide case-specific expert testimony or expert reports supporting her claims (Mildred Mitchell v. Bayer Corp., No. 07-CV-212, M.D. La.; See July 2007, Page 12). Full story on lexis.com
Source: LexisNexis® Mealey's™ Ephedra & PPA Legal News - September 7, 2007 Category: Medical Law Source Type: info

PPA Plaintiff Appealing Summary Judgment Dismissalemail this articleEmail this article to a colleague. save this article to My ClippingsSave this article to My Clippings. discuss this articleDiscuss or comment on this article.
HATTIESBURG, Miss. - A PPA plaintiff whose case was summarily dismissed Aug. 1 for lack of causation evidence has filed a notice of appeal of the decision to the Fifth Circuit U.S. Court of Appeals (Delois Buxton, et al. v. Lil' Drug Store Products, Inc., No. 2:02CV178KS-MTP, S.D. Miss.; See July 2007, Page 7). Full story on lexis.com
Source: LexisNexis® Mealey's™ Ephedra & PPA Legal News - September 7, 2007 Category: Medical Law Source Type: info

Family Wants Ephedra Case Remanded For Approval Hearingemail this articleEmail this article to a colleague. save this article to My ClippingsSave this article to My Clippings. discuss this articleDiscuss or comment on this article.
NEW YORK - The family of an ephedra multidistrict litigation plaintiff filed a motion to remand on Aug. 24, stating that they wish to attend the approval hearing for settlement of the case but are unable to travel because of their caretaker responsibilities of the plaintiff (Susan Griffin, et al. v. Richardson Labs, Inc., et al., No. 04-cv-04256; In Re: Ephedra Products Liability Litigation, 04 MD 1598, S.D. N.Y.). Full story on lexis.com
Source: LexisNexis® Mealey's™ Ephedra & PPA Legal News - September 7, 2007 Category: Medical Law Source Type: info

Plaintiff Expert Excluded From Testifying On Causationemail this articleEmail this article to a colleague. save this article to My ClippingsSave this article to My Clippings. discuss this articleDiscuss or comment on this article.
NEW YORK - The ephedra multidistrict litigation judge on July 13 ruled that a case-specific neurology expert for a plaintiff is excluded from testifying at trial regarding ephedra causation and effects because he relied on incorrect data and his conclusions were unfounded (Harbir Singh v. Herbalife International of America, Inc., No. 06 CV 00014; In Re: Ephedra Products Liability Litigation, 04 MD 1598, S.D. N.Y.). Full story on lexis.com
Source: LexisNexis® Mealey's™ Ephedra & PPA Legal News - August 10, 2007 Category: Medical Law Source Type: info

Ephedra Case Remanded; Motion To Exclude Deniedemail this articleEmail this article to a colleague. save this article to My ClippingsSave this article to My Clippings. discuss this articleDiscuss or comment on this article.
NEW YORK - The ephedra multidistrict litigation judge on July 10 issued an order granting remand of Margaret Parks' case to the U.S. District Court for the Northern District of Oklahoma and denying a motion by Herbalife of America Inc. to exclude evidence that its ephedra supplements contained hydrochloride or sulfate salts of ephedrine alkaloids (Margaret Parks v. Herbalife International of America, Inc., No. 1:04-CV-9358; In Re: Ephedra Products Liability Litigation, 04 M.D. 1598, S.D. N.Y.; See July 2007, Page 4). Full story on lexis.com
Source: LexisNexis® Mealey's™ Ephedra & PPA Legal News - August 10, 2007 Category: Medical Law Source Type: info

Judge Issues Mandate On Motions In Limineemail this articleEmail this article to a colleague. save this article to My ClippingsSave this article to My Clippings. discuss this articleDiscuss or comment on this article.
NEW YORK - The ephedra multidistrict litigation judge issued an order June 29 barring the submission of motions in limine with the exception of Daubert motions and partial summary judgment motions upon the approval of the special master (In Re: Ephedra Products Litigation, 04 M.D. 1598, S.D. N.Y.). Full story on lexis.com
Source: LexisNexis® Mealey's™ Ephedra & PPA Legal News - August 10, 2007 Category: Medical Law Source Type: info