3rd Circuit Overturns Injunction Imposing Evidentiary Restraints

PHILADELPHIA - The 3rd Circuit U.S. Court of Appeals ruled May 25 that a district court erred in prohibiting fen-phen opt-out plaintiffs from introducing evidence of Wyeth's alleged bad conduct that could have supported claims linking the diet drugs to valvular heart disease (VHD). In re: Diet Drugs Products Liability Litigation, Nos. 02-4582, 03-2033, 03-2396 and 03-4362 (3rd Cir.).

The appellate court held that while Judge Harvey Bartle of the U.S. District Court for the Eastern District of Pennsylvania was correct in attempting to limit parties' attempts to circumvent the class action settlement agreement's stipulation regarding punitive damages, the order's …