Wyeth Asks Philadelphia MDL Judge to Enforce Bifurcation in Texas Cases

PHILADELPHIA - Wyeth Inc. has asked the federal judge overseeing the Fen-Phen settlement to issue a temporary restraining order preventing Texas plaintiffs' counsel from attempting to avoid bifurcation of damages and liability issues at trial. In Re Diet Drugs Products Liability Litigation, MDL No. 1203 (E.D. Pa.).

Wyeth asserted in its March 17 motion that the firm of Sloan & Monsour was attempting to evade the federal court's prohibition on punitive damages in opt-out cases by seeking a ruling from the Texas trial court that the federal court's bifurcation order violates Texas law.

Wyeth said that the Sloan & …