N.J. Court Denies Motion To Stay Further Eligibility Decisions Pending Appeal

HACKENSACK, N.J. - The judge presiding over New Jersey's opt-out diet drug litigation has denied a motion by 1,533 plaintiffs to defer decisions on Wyeth's challenges to their eligibility until an appellate court rules on earlier challenges. In re: Diet Drug Litigation, No. BER-L-13379-04 (N.J. Super., Bergen Cty.).

The motion for a stay was made by plaintiffs represented by the firm of Napoli, Kaiser, Bern & Associates, who have filed notices of appeal in four cases in which the court decided claimants were not eligible to opt out of the federal settlement class (Frost v. Wyeth, BER-L-6014-03MT; Smith v. Wyeth, …