Defendants Deem Propulsid MDL Plaintiffs' Class Action Trial Plan Inadequate

NEW ORLEANS - Defendants in MDL 1355 have filed their response to plaintiffs' master class action preliminary trial plan, in which they detail several reasons as to how the trial plan is inadequate and fails to account for several issues common to class actions. In Re: Propulsid Products Liability Litigation, MDL No. 1355 (E.D. La.).

Citing Castano v. American Tobacco Co., the March 6 response maintains that plaintiffs' trial plan expects the court to assume that problems relating to predominance or superiority could be overcome, and that such an assumption is unacceptable.

'The Trial Plan fails to provide any meaningful …