MDL Judge Amends PTOs, Orders Opt-Outs To Agree To Reverse Bifurcation

PHILADELPHIA - U.S. District Judge Harvey Bartle has ordered plaintiffs who opted out of the Diet Drugs class action settlement to stipulate in writing to reverse bifurcation before proceeding with state court actions against Wyeth Corp. In re: Diet Drugs (Phentermine, Fenfluramine, Dexfenfluramine) Products Liability Litigation, MDL Docket No. 1203 [No. 99-20593] (E.D. Pa.).

Judge Bartle's Aug. 31 order followed the 3rd Circuit's Dec. 3 directive that the court amend pre-trial orders enjoining intermediate and back-end opt-outs from introducing evidence that was construed as an attempt to bypass the court's prohibition on seeking punitive damages.

The federal settlement approved by …