Generic Drug Makers Ask JPML to Stay Remand Pending Venue Act Challenge to 3rd Cir.

PHILADELPHIA — Generic drug makers have asked the Judicial Panel on Multidistrict Litigation to stay its order granting plaintiffs’ motion to remand their actions to Connecticut federal court under the Venue Act, pending defendants’ writ of mandamus to the 3rd Circuit challenging the order.

In a Feb. 2 motion, defendants argue that a stay is warranted because they are likely to succeed on the merits of their mandamus petition.

In the petition, defendants argue that Venue Act — which applies retroactively to unwind transfers of antitrust actions to MDLs brought by states — does not apply to their …