Third Circuit Affirms MDL Court's Award of Summary Judgment to Wyeth

PHILADELPHIA - The Third Circuit ruled that the federal judge presiding over the Diet Drug MDL did not abuse his discretion in awarding Wyeth's summary judgment rather than granting the plaintiff's motion for voluntary dismissal without prejudice. In re: Diet Drugs (Phentermine/Fenfluramine/Dexfenfluramine) Products Liability Litigation, No. 03-1601 (3rd Cir.).

In a non-precedential opinion entered Jan. 14, the appellate court found that plaintiff Scott Rubin demonstrated a lack of diligence in designating expert witnesses on causation and failed to appeal the Special Master's recommendation denying his motion to designate a second expert witness.

In September 1999, Rubin sued Wyeth in Florida …