STORY FROM: Drugs & Medical Devices
Judge Denies Motion to Administratively Close and Stay Individual Baycol Cases
September 25, 2002
MINNEAPOLIS-A plaintiffs' motion to administratively close and stay individual federal Baycol cases pending final resolution of consolidated pretrial proceedings was denied by a federal judge who ruled that the plaintiffs failed to prove that the case would be subjected to conflicting rulings and duplicative discovery. In re: Baycol Products Liability Litigation, MDL-1431 (D. Minn.).
Judge Michael J. Davis' Aug. 2 memorandum rejected the plaintiffs' argument that stated closing the individual cases would benefit judicial efficiency by 'eliminating the burden incurred in litigating hundreds of individual cases, while allowing common issues of liability, causation and class certification to proceed.'
The defendants ...